Offense report u/s- 501 ipc by police.
Partha Hazarika
(Querist) 19 July 2013
This query is : Resolved
Police has submitted an offense report before a Criminal Court against me under Section 501 of IPC.
Whether the police has the power to investigate and submit an offense report under Section- 501 IPC on receipt of an FIR ?
Police has also arrested & released the accused persons on P.R. Bond. After 3 months police has submitted an offense report before the court under Section 501 IPC.
Pl advice what to do.
Devajyoti Barman
(Expert) 19 July 2013
Now fight the case on merit.
I hope the bail is taken.
Rajendra K Goyal
(Expert) 19 July 2013
Agree with the expert, Nothing more to add.
Partha Hazarika
(Querist) 19 July 2013
Barman Sir,
Sec- 113 of the Assam Police Manuel prohibits the Police to Register a case which is non-cognizable and it also said that- the police shall made a G.D. Entry only and inform the complainant to file a case before a Criminal Court.
But in my case police accept the FIR and register a Non- FIR case U/S 501 of IPC, arrested and release on personal bond.
Raj Kumar Makkad
(Expert) 19 July 2013
The police has done an illegal act in the given facts os better to go to high court seeking quashing of FIR.
prabhakar singh
(Expert) 21 July 2013
It appears he meant you only but misspelled your name.
Offence u/s 501 ipc is Non-cognizable and jail manual is in tune of the law hence police has acted in excess of it's jurisdiction and a compensation case may lie against it besides quashing case.
