Engineer
[ Scorecard : 45]
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Posted On 13 June 2012 at 15:13
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Hi, I need a help and suggestions.
One of my friend was forcefully arrested by police and was kept in the police station unnecessarily for 2 days and later they lodged an FIR against him stating that Arms( a Pistol) was recovered from him. I want an urgent Help in this and wanted to know how I can help my friend to get justice and those policemen can be punished for their wrong doing. It's is really urgent and critical issue for me as this can ruin my friend's life as he is very disturbed and his family is very shocked and helpless.
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing, 08427414792
[ Scorecard : 6425]
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Posted On 13 June 2012 at 15:28
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He can move HC for getting the FIR quashed on the gound that the same has been registered with a mala fide intent.
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Advocate/Legal Consultant (bharat.law06@gmail.com)
[ Scorecard : 10324]
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Posted On 13 June 2012 at 15:47
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Go in for quashing of the FIR to the HIgh Court concerned. Consult a local advocate with a copy of the FIR.
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advocate
[ Scorecard : 134]
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Posted On 13 June 2012 at 19:18
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go for Fir quashing u/s 482 before hc and u can also intiate proceedings against the police officials consult ur local lawyer for all this
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The Right to Keep and Bear Arms is our Human Right and Fundamental Right guaranteed to us under Articles 19 and 21 of Constitution of India. Spread the message to everyone! Join NAGRI and fight for your Rights - http://www.gunowners.in
[ Scorecard : 3765]
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Posted On 13 June 2012 at 20:21
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Yes try to get it quashed from HC.
False cases by police is what happens when we have laws that are unconstituional and have courts that sometimes behave like buffoons. Since arms are fundamental right under Articles 19 and 21 of the Constitution, Section 3 of Arms Act 1959 is ultra vires as it violates Article 20(3) of the Constitution.
Similar case related to self incrimination was decided by US Supreme Court in HAYNES v. UNITED STATES, 390 U.S. 85 (1968). It can be read at http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=390&invol=85
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Advocate
[ Scorecard : 21266]
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Posted On 15 June 2012 at 11:12
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Fatal blow to the police will be whether there was any independent wintnesses when those Arms and ammunation was recovered from his possession. There is a classic decision of Justice Krishna Iyer on this aspects. Challenge it in High Court as advised above.
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The Right to Keep and Bear Arms is our Human Right and Fundamental Right guaranteed to us under Articles 19 and 21 of Constitution of India. Spread the message to everyone! Join NAGRI and fight for your Rights - http://www.gunowners.in
[ Scorecard : 3765]
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Posted On 15 June 2012 at 16:02
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Sir if you could mention the name of that decision of Justice Krishna Iyer on this aspects.
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