Section 151 cr.p.c. vs. 342 ipc
Matta
(Querist) 11 August 2017
This query is : Resolved
Hello Experts,
Accused was detained in custody and charged with Section 107/151 Cr.P.C. SDM is not inquiring into the matter and pressurising to sign the bond. But, Accused has filed complaint in the court for section 342 IPC and not willing to sign the bond before SDM.
Would signing the bond end up the scope of proceedings u/s 342 IPC? And, What to do if SDM is not taking statement of accused & his witnesses?
Please suggest.
S.B.adil rahman
(Expert) 16 August 2017
Go for Appeal. 342 will be diluted if you give the bond for good behaviour.
Guest
(Expert) 16 August 2017
If intentions are clear, what is the harm in signing a bond to end the matter in a simple manner for avoiding any further harassment? Otherwise, arrest is inevitable for the purpose of investigation.
By the way, what specific object you have in getting the matter inquired by the SDM by getting yourself taken in to police custody?
Matta
(Querist) 16 August 2017
Thanks! @S.B.adil. rahman ji
@PS Dhingra ji, I want the delinquent officers to be punished for Violation of Fundamental Rights.
Rajendra K Goyal
(Expert) 16 August 2017
The officers have some administrative and other powers regarding maintaining law and order and such action are routine.
Broadly agree with the expert P.S. Dhingra.
Matta
(Querist) 16 August 2017
If i say, i am falsy implicated in a case which is not a case by anymeans. When i moved to PS to give application, i was detained in custody for a night. Offence was bailable though.
Still, experts would defend auxh delinquent PS officers?
S.B.adil rahman
(Expert) 16 August 2017
Bail is right in bail able cases. Rights can not be curtailed under the garb of law and order or disturbance or appeasement or to please some others. The Apex Court is crystal clear that power to arrest is a separate thing and justified arrest is different. If you have evidences about the colourable exercise of power by police malafidely then you can file a case against them under section 166A(2) IPC for which no sanction is required. But on the other hand there should also be a judicious consideration on your part. You can also send a Notice u/s 80 CPC to the officers who are guilty seeking damages and compensation.
Guest
(Expert) 16 August 2017
Dear Matta,
The turn of punishment of delinquent officers comes only after you get yourself exonerated of the offense u/s 107/151. Moreover, if you want to punish then, you will have to serve the Head of the Police Department a notice under CPC 80. By the time your notice is complied till that time you could have been punished.
Even if you prefer to invoke section 166A, I would like to differ with the opinion of Shri S.B. Adil Rehman that "no sanction is required". Even in that case you will be required to serve the Police Department with the notice u/s CPC 80, as you cannot directly drag any public servant in to a court of law without service a valid notice to his department, so far as his official duties are concerned.
.
Guest
(Expert) 16 August 2017
Thanks Rajendra ji for agreeing with me.
Matta
(Querist) 16 August 2017
Learned Experts,
I too think that sanction for prosecution u/s 166 and 166A therefore i have filed application u/s 156(3) for offence of section 342 and 166.
I WILL NOT sign bond before SDM for conclusing section 107/151 proceedings as per advise. Thanks for that.
I may have send notice u/s 80 CPC for demand of justice but failing from part of police authorities is sure enough so therefore decided to go for criminal side.
Matta
(Querist) 23 August 2017
Thanks a lot experts!
