Querist :
Anonymous
(Querist) 07 August 2011
This query is : Resolved
House is in name of Mother in law. she is staying with daughter in law. Daughter in law stoled some goods from her house and shifted to fathers house without knowing to her mother in law. She hired a car with helper and took away the goods with herself to her fathers house. Now Hired car ( tourist taxi t permit ) driver instructedby daughter to come up with helper to take goods from her flat upstair. She gave the goods to them without entering them in home from passage only she gave them goods. Driver while coming up registered his name in security counter and took all goods from up to his car with daughter in law. Now Mother in law filed a FIR case against daughter in law under cr. 380,341,504,506, 34 along with that two ( hired car driver and helper ), recovered all goods from daughter in law's father house and then police arrest all three to keep them in lock up to produce next day in court.
My question is that it fair that driver with helper and car was taken by police station in custody and arrest for jail ?
ARE THEY RIGHT BY THE LAW TO ARREST CAR DRIVER AND HELPER AND KEEP THEM IN JAIL ?
Raj Kumar Makkad
(Expert) 07 August 2011
There is no stage to go on story told by you rather police has to see first the contents of FIR. There may be allegation there to the effect that those 2 aided in stealing or that both of them were fully involved having full knowledge under a pre-plan that they all are going to commit an offence as alleged so let the enquity be held. if both of them are found innocent then challan may not be put against them and they may be discharged.
Ajay Bansal
(Expert) 08 August 2011
As there is no derogation in complaint so police rightly registered F.I.R. Further if no defence was available with Driver and Helper, then they cab be arrested by police.
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