Stamp duty short.

raj kumar ji (Querist) 14 November 2011 This query is : Resolved
SIR,
MR.RAM PURCHASE A SHOP .HE DOING ALL THE FORMALITIES .AFTER THAT TEHSIL SEND A MESSAGE TO SHORT STAMP IN THE DEALING SO SUBMIT 6300/RS TO SHORT THE STAMP SO MR.RAM SUBMIT THE STAMP .THIS WAS THE MWTTER OF TEHSIL LEVEL.
AFTER 6 MONTH PASSED A MESSAGE CAME FROM D.M. OFFICE TO SUBMIT THE SHORT STAMP OF 6300RS/AND 1300RS PENALTY .THEN MR RAM DONOT SUBMIT THE MONEY THE AMEEN CAME TO THE RAM AND RAM SHOW THE RECIEPT OF THE AMOUNT SUBMIT IN THE TEHSIL KOSHAGAAR OF RS 6300/.
AFTER THAT THE POLICE ARRESTED TO MR RAM AND SEND TO THE JAIL .MR RAM WIFE SUBMIT THE AMOUNT OF 6300+1300 RS AND GET RECIEPT AND MR RAM LIVE IN THE JAIL 7 DAYS.
SIR IT IS POSSIBLE TO PUNISH TWICE FOR A SINGLE CRIME ????????????

THERE ARE BOTH RECIEPT OF SUBMIT THE AMOUNT .

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Sankaranarayanan (Expert) 14 November 2011
what reason the police arrested? what is mentioned in then FIR. if the arrest was made after paid the arrier then you can approach the human right commission regarding .
You better to seek local lawyer and follow his advise .

Shailesh Kr. Shah (Expert) 14 November 2011
This is imaginary story.

M.Sheik Mohammed Ali (Expert) 14 November 2011
yes, i do agree expert shailesh

Rajeev Kumar (Expert) 14 November 2011
Yes i too agree with mr.shah

raj kumar ji (Querist) 15 November 2011
sorry sir its not a imaginary story its a real life story .in this case tehsil again write a letter to the concern department to d.m. office to back the r c .sir this is the real case handeled by distt-firozabad (u.p)

raj kumar ji (Querist) 15 November 2011
sir police aressted to him when he go to office in morning ameen is also with police .

Surender Kumar Sharma (Expert) 16 November 2011
Realy extrange how police arrest Mr.Ram with out any warrent it is not a cog. offence.A number of formalities are required for arrest a person for economical offence. You must take the advise and help of Any Advocate of your area.

prabhakar singh (Expert) 16 November 2011
The police did not have any power at all to arrest in a matter of deficiency of stamp duty recovery case whether or not it was deposited earlier.

The deficiency is realized as arrears of land revenue,in which police has no role at all,only civil arrest can take place if order of recovery is not satisfied that too for a maximum period of 15 days.

In my advise a notice under section 80 C.P.C. of a time of two months [60days] should be sent upon the STATE,D.M.,SP,AND IN CHARGE OF POLICE STATION calling upon them to pay back the excess realized to gather with interest@? and also demanding damages for their wrongful illegal arrest.
And if they remain deaf ,a suit should be filed.

So consult a lawyer at local level who understands revenue recovery procedure as well as civil tor matters.