Can arrest the police at the time of filing sec 438 crpc

GANGAM.RAJENDER. (Querist) 22 September 2013 This query is : Resolved
requested sir, the private complaint has been filed u/s ipc 420 and ni act 138.the accused approached the court for anticipatory bail which was pending in the hon'ble court.
AT THIS STAGE WITHOUT INQUIRY CAN THE POLICE HAS THE RIGHT TO ARREST THE ACCUSED PERSON.
IF THE POLICE ARRESTED ,CAN WE FILE IPC 182 AGAINST THE POLICE.
PLS GIVE SUGGESTION SIR.
THANK YOU SIR.

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V R SHROFF (Expert) 22 September 2013
is it same case of 85k twice c kidnapping. ??

If kidnapping also involved with 420+138ni, Police can ARREST.

GET AB, AND 48 hrs notice order to avoid arrest immediately.
u might hv only one year practice, so take help of seniors of your local BAR Association.

Sudhir Kumar, Advocate (Expert) 22 September 2013
police is bound to arrest unless unduly favouring the accused.

Rajendra K Goyal (Expert) 22 September 2013
Nothing mre to add.

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