Can a police offices have power to arrest the accused in all cognizable cases, pending dispute between the parties.?

Facts : Our company [A] have some service agreement with a company located in Mumbai. There is some dispute regarding inefficiency in services, in consequenses of which [B] company had imposed some panely on our company [A]  and denied to clear the bill, which our company raised on [B] company. Now they have cancelled  the contract and and demanding for pending stocks lying with us, but we are determined not to returned the stock as our bill is not yet cleared. Now they are threatening to file case under sections-403, 405, 120B, 417 and other [IPC].

Please let us know, whether police officers can arrest the directors of our company on filing of FIR by [B]. What are the defences available to our company ?

If you have received any legal notice, reply to them suitably.  If no such notice is received, explain your position through a legal notice to the opposite party.  (Through this, you can seek payment of your pending dues and if the O.P. fails to pay, you can file a money recovery suit against them) To avoid police harassment, you can seek anticipatory bail.  Further, in all such police complaints you can counter-lodge your own complaint, on the basis of the agreement.

No in all cases of cognisable offences police need to arrest the accused. The arrest of any person is necessary only

a. when the offence is of very much serious nature like rape, murder etc.

b. When investigating officer has apprehension that the accused is likely to run away during the time of investigation or is likely to influence the witness and so for the purpose of fair investigation, accused should be arrested.

C. When accused isnot coopearting in proper manner for the purpose of invistigation in such cases , he can arrest the accused.

Hon'ble supreme court has given its rulling that in all cases of cognisable offences , arrest of the accused is not necessary.

I hope this may satisfy to u r querry. In case if u still wish to know further in relation to above than please feel free to send me email at my email add ramesh_chheda@yahoo.co.uk

Adv Ramesh Chheda (Mumbai)

No in all cases of cognisable offences police need to arrest the accused. The arrest of any person is necessary only

a. when the offence is of very much serious nature like rape, murder etc.

b. When investigating officer has apprehension that the accused is likely to run away during the time of investigation or is likely to influence the witness and so for the purpose of fair investigation, accused should be arrested.

C. When accused isnot coopearting in proper manner for the purpose of invistigation in such cases , he can arrest the accused.

Hon'ble supreme court has given its rulling that in all cases of cognisable offences , arrest of the accused is not necessary.

I hope this may satisfy to u r querry. In case if u still wish to know further in relation to above than please feel free to send me email at my email add ramesh_chheda@yahoo.co.uk

Adv Ramesh Chheda (Mumbai)

Yes, Police can arrest you in any  cognizable case. Though the power of arrest should be invoked cautiously and not without the reasonable ground, there is little scope you would get the favour or justice if the case is in hands of a corrupt officer. In the instant case, police will arrest you to recover the properties lying with you. the best way is that you should obtain a civil injunction over the goods so that it is not seized by the police or not taken away by the OP forcibly. The police case will automatically then become a case of civil litigation and you can get relief. You can adopt other civil measures to recover the dues.

Yes, Police can arrest you in any  cognizable case. Though the power of arrest should be invoked cautiously and not without the reasonable grounds, there is little scope you would get the favour or justice from the police if the case is in hands of a corrupt officer. In the instant case, police will arrest you to recover the properties lying with you. the best way is that you should obtain a civil injunction over the goods so that it is not seized by the police or not taken away by the OP forcibly. The police case will automatically then become a case of civil litigation and you can get relief. You can adopt other civil measures to recover the dues.

Yes, Police can arrest you in any  cognizable case. Though the power of arrest should be invoked cautiously and not without the reasonable grounds, there is little scope you would get the favour or justice from the police if the case is in hands of a corrupt officer. In the instant case, police will arrest you to recover the properties lying with you. the best way is that you should obtain a civil injunction over the goods so that it is not seized by the police or not taken away by the OP forcibly. The police case will automatically then become a case of civil litigation and you can get relief. You can adopt other civil measures to recover the dues.

Police  are given wide powers of arrest   in any  cognizable case. Whereas in your case, I agree with the suggesstion of R.Shiva Subramaniam Sir.

The facts are not so clearly described as to think whether the rights of bailee under Contral ASct come to your rescue.  Given facts are also not clear enough to show if any criminal act has been committed against your company.