Tamilian detained in Punjab

DINAKARAN (Querist) 22 October 2010 This query is : Resolved
Dear Sirs,
One of my relatives Mr.Damodharan was missing 0n 11.09.10. He is mentally disable person.He is living near poonamallee, Tamilnadu with his family.
We made police complaint in our area.
Recently we come to know that He was arrested by punjab police u/s 188 IPC.
Arrested on 14.08.10. THey Produced magistrate court on 27.08.10.
Please guide us how to bring him here from punjab
thanking you
Regards
J.Dinakaran
Cell : 09444151658
mail : dina.advocate@gmail.com

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SAANJAAY GUPTAA (Expert) 23 October 2010
Mr.Dina how can Mr.Damodaran arrested before missing. if consider it mistake of dates, you have to file an application under section 258 Cr.P.C before the court at punjab alongwith the mental disable certificate of the accused person for stop proceeding of the case and acquit the accused on the grounds above-mentioned.

s.subramanian (Expert) 23 October 2010
yes. I agree.

Devajyoti Barman (Expert) 23 October 2010
Yes

Parthasarathi Loganathan (Expert) 24 October 2010
Nice observation pointed out by Guptaji. However to establish the fact that the accused in a mentally retarded person, Mr.Dina has to necessarily prove it within the jurisdiction of crime purportedly to have been committed.

DINAKARAN (Querist) 09 November 2010
Thank You all
Regards
J.Dinakaran

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