Police called my client under section 41A Cr.PC in an allegation under section 420/468 IPC. The allegeation related to a 3 years old incident registered as FIR one month ago without any explanation for delayed FIR. The client was arrested inspite of complying with the notice of apperance in front of his advocate who had gone with him to the police station. The place of arrest was shown as the police station in memo of arrest. The Magistrate also remanded him to Police Custody on police prayer. The accused got no chance of representation by advocate as cease work is going on by lawyers in that court against the SDJM and no Advocate is being allowed appear. The Magistrate also did not hear the accused and also did not peruse his papers which proves his innocence. What remedy lies before my client for violating the established procedure in the light of the judgment of Arnesh Kumar Vs State of Bihar. The SHO also misbehaved with the junior advocate who had gone with the accused to the P.S and refused to accept the letter of protest of the Advocate. Kindly advise.
