CHAPTER CASE SEC.110,107

LAWYER-ADVOCATE

NANDKUMAR B.SAWANT,M.COM.LL.B.(MUMBAI)MOBILE NO.09325226691, 09271971251e.mail .adv.nbsawant@yahoo.co.ine.mail nandkumarbs@sify.comLEGALITY OF CHAPTER CASE FILED BY POLICE L.C.B.UNDER SEC.110,107 CRPC.1IN MANY CASES EVEN  THE ACCUSED IS GRANTED BAIL FROM HIGH COURT AND SUBMITING SURETY DOCUMENTS AT SESSIONS COURT THE ACCUSED IS ORDERED TO BE RELEASED FROM JAIL DEPT.2BUT LOCAL CRIME BRANCH POLICE UNDER DSP,THEY AGAIN ARREST THE ACCUSED UNDER SEC.110 ,107 OF CRPC AND AGAIN ACCUSED IS REQUIRED TO SUBMIT SURETY PAPERS .AND HARASSMENT OF ACCUSED EVEN IF INNOCENT..KINDLY SEND YOUR OPENION AS AM PREPARING DETAILED REPORT ON THE TOPIC AND WILL SEND TO LAW DEPT.

 

 

 

 

 

 

 

 

 

 

 
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practicing advocate

It is happened in our state also.  Election announced and police started filing a case against the persons who were involved in the criminal actitivities.  Even policy have ordered the persons against whom who were acquitted by more than 10 years to appear before the Tahasildar( Executive Magistrate) who are charged u/ 107, 110 of the Cr.P.C.  Police people to show their statstics they file false cases under these sections. Ex. Magistratie will have to issue a notice to the  respondants only after the receipt of the police, but at the time of election without notice so many persons had to appeared before the Taluka Magistrate.

these sections are absolutely rubbish, without any reasons police people files a case .But there is no way we have to challenge it.

 
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practicing advocate

It is happened in our state also.  Election announced and police started filing a case against the persons who were involved in the criminal actitivities.  Even policy have ordered the persons against whom who were acquitted by more than 10 years to appear before the Tahasildar( Executive Magistrate) who are charged u/ 107, 110 of the Cr.P.C.  Police people to show their statstics they file false cases under these sections. Ex. Magistratie will have to issue a notice to the  respondants only after the receipt of the police, but at the time of election without notice so many persons had to appeared before the Taluka Magistrate.

these sections are absolutely rubbish, without any reasons police people files a case .But there is no way we have to challenge it.  It is only an harrashment to the public by the people, some times innocent persons will suffer for their no fault.

 
Reply   
 
practicing advocate

It is happened in our state also.  Election announced and police started filing a case against the persons who were involved in the criminal actitivities.  Even policy have ordered the persons against whom who were acquitted by more than 10 years to appear before the Tahasildar( Executive Magistrate) who are charged u/ 107, 110 of the Cr.P.C.  Police people to show their statstics they file false cases under these sections. Ex. Magistratie will have to issue a notice to the  respondants only after the receipt of the police, but at the time of election without notice so many persons had to appeared before the Taluka Magistrate.

these sections are absolutely rubbish, without any reasons police people files a case .But there is no way we have to challenge it.  It is only an harrashment to the public by the people, some times innocent persons will suffer for their no fault.

 
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writer & an editor

 

S. 107, 110-

I feel that it is a quasi-judicial proceedings and much scope is there for abuse of process of law.  Hence, aggrieved party has got the remedy under Article 226 of the Constitution of India under writ jurisdiction.  Kindly refer Madhu Limaye vs. Sub Divisional Magistrate, Monghyr (AIR 1971 SC 2486) and earlier landmark judgment of A.K. Gopalan (I do not have citation )


 
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I too have a Chapter Case filed falsely by the Landlord Lady on me. The reason is I approached the civil court and paid rent the landlord was not accepting rent after my father death. The police came to my house to arrest I did not open the door it was late night 11.45 and then the police phoned and told me they have added chapter case and I should approach the Assistant Commissioner Office Dombivli East. I was given a Letter and told to pay Bond Money of 5000/-rs or bring a Surety I refused and Aim fighting the case that was the only option.

But the Assistant Commissioner Office Dombivli East is calling me every month 3 to 4 times to give explanation still no opposite party has approached and this process will be for 6 months and finally if I could not prove aim innocent or will have to pay bond.

Please help Mobile: 9224659694 Mumbai

 
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what is the solution for chapter case? rule 107,108 & 110.

If some body is filing case against us with taking help of police. if there is any solution. please provide way how to solve this?

 
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