Contemt of SC judgment of informing the family& arrest
shirish shekhar
(Querist) 14 March 2010
This query is : Resolved
Two days before one particular PS representative or IO had arrested my brother in law at Patna (under Sec 307 attempt to murder)and just after the arrest they took his car,seized&switched off his mobiles and without informing any of family members took him to the concerned PS which was 360 KM from Place of Arrest i.e.Patna in his own car and he was not produced before any magistrate and sent to Jail.Before getting into Jail he was allowed to speak to family members.
My question is is this the way our Police do their work or was it done at the behest of complainant who is a local MLA to please him.Does our law allow us and if so where to appeal against the police procedure in this case or can we lodge a case against the IO in light of SC judgment.This is the murder of democracy and right to life, liberty,expression.The person who has lodged the case of attempt to murder against my Bro in law is local MLA and musleman and is only harrasing us to settel one dispute b/w them of Money.What should we do?
Guest
(Expert) 14 March 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE ILLEGALITIES IN THE CASE OF YOUR BROTHER KINDLY NOTE THAT.
1.YOU MAY FILE A WRIT PETITION TO THE HIGH COURT HAVING AREA JURISDICTION AGAINST THE SAID ILLEGALITIES AND ALSO PRAY FOR QUASHING THE SAID FALSE COMPLAINT AGAINST YOUR BROTHER UNDER PROVISIONS OF SECTION 482 OF CRIMINAL PROCEDURE CODE.
2.YOU MAY DIRECTLY FILE A PRIVATE COMPLAINT TO THE CHIEF JUDICIAL MAGISTRATES COURT AGAINST THE SAID PERSONS WHO ARE DOING ALL ILLEGAL THINGS AS STATED BY YOU.AND GET IT DRAFTED THROUGH LEGAL EXPERTS AND GET THE PROCESS ISSUED AGAINST THE MUSCLE MEN AND ALSO ERRING POLICE STAFF.ALL ARE EQUAL BEFORE LAW.HENCE BE CONFIDENT AND FILE COMPLAINT TO THE COURT AND COURT WILL VERITY YOUR EVIDENCE AND WILL ISSUE PROCESS AGAINST ACCUSED AND ORDER THE AREA POLICE OFFICER TO INVESTIGATE AND REPORT THE MATTER.YOU MAY SEND A COPY OF SAID COMPLAINT TO THE DIST.SUPDT.OF POLICE AND ALSO TO THE INSPECTOR GENERAL OF POLICE HAVING THE AREA JURISDICTION.YOUR JOB WILL BE DONE.
GOOD LUCK.
YOU MAY WRITE FOR ANY FURTHER HELP.GOOD LUCK.
THANKS.
