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Fraud police case (urgent)

(Querist) 07 February 2014 This query is : Resolved 
Dear Sir,

My friend was arrested by police in a case of “ladi jhagda”. He was detained for three days without warrant. After three days I went to police station and ask station in charge that why he has not presented before magistrate. Station in charge arrested and beaten me in the police station and threat me to make a fraud case “sarkari kam me badha dalna”.

He has seas my bike also and cut a fraud challan that “Koi kagaj nahi h” and “Hastakshr Karne se mana kiya”.

Kindly help me. What action I can taken and how can I release my bike from RTO without penalty.

Can I take any action against police to threat for fraud case and beaten in police station and another for challan.

Can I go to National Human Rights Commission. Can Commission help me in this regards and other solution.

This was happened on 11.10.2013. Now police officer has case me u/s 332,353,323,504. Can I take bail easily? what ground I can mentioned in the bail request so that I can get the bail easily.

Kindly help me and let me know some way to be save. Am i do case on police officer for grievous hurt, fake case, defamation etc.

kindly guide me urgent.



Advocate. Arunagiri (Expert) 07 February 2014
You can give a complaint to the SHRC of your state.

Also write a complaint to the superior officers.
Kiran Kumar (Expert) 07 February 2014
Move your representation before the Senior Police Officials and the Human Rights Commission as well.

Though Human Rights Commission is a teethless body still you may find some help.

As far as the FIR is concerned, if they have implicated you then they must have implicated your friend also in some case.

It will be better if you seek help of some local lawyer and move necessary applications.
Rajendra K Goyal (Expert) 07 February 2014
As the case has been slapped on you, you have to defend yourself.

Against this action of police, you would get any fruitful help from HRC or higher officials is doubtful.

This is bad luck of a citizen facing such situation from law enforcing agency which is misusing the law.

We have to live in the system.

Take help of local lawyer.
lingraj maradi (Expert) 08 February 2014
sir,

as you say without FIR police illegally detained your friend then you have to file Habias Carps petition before the Hon'ble High Court and in you case FIR if the police have filed false case then you pleased advise from the local lawyer and move bail petition before juridictional court
AMIT KUMAR SHARMA (Querist) 10 February 2014
Dear Sirs,

As you all are expert, kindly help me and advise me on following points:-

1. As court has issued Balable Warrant Rs.5,000/-. What is the mean of BW Rs. 5000/-
2. If warrant is balable, but two sections are cognizable with non bailable in complaint(sec 323,332,353,504), can magistrate must give bail at the time of present before court to bail?
3. If warrant could not be executed till date mentioned on warrant to present before court, any problem is there?
4. Can I take help of NHRC during the trial of case and NHRC can help me in this regards, as you are experience holder you know well NHRC?
5. If I am not available at the address where to the warrant is issued, can police do something wrong with me?
6. Can I file suit during this case against the police officer?

Kindly help me


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