IPC 420,406 filed by my wife

Querist : Anonymous (Querist) 05 July 2010 This query is : Resolved
With reference to the above, I and my estranged wife are living seperately for more than 3 years, earlier she had filed 498A & 406 which is now pending in SC. But suddenly now she filed a 420 case saying that her chq during 2007 has been encashed fraudlently and the police without any enquiry arrested me on the same day the notice was served to me and now I am on bail.

1. Can the police arrrest without any enquiry?
2. What is the safety for a common man from police against false case? r there no checks to prevent false arrest?
3. what should be my course of action now?
4. What r my rights to the documents to be obtained from the court and police?
5. What are the documents to be obtained.?

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AA RAMAKRISHNAN (Expert) 05 July 2010
Dear Member:

sec. 420 of IPC is cognizable offence and an arrest is imminent. When a prima facie case is made out and a FIR is filed the police may arrest the culprit. You would have sought for an anticipatory bail if you had smelt something from the other side. Now you are on bail. You have to fight out the case in the court. You get all the copies of the documents filed in the court in support of the complaint by your wife from the court. Since it is criminal case Pl. get the help of an advocate. You are already under their guidance.

Thanks.
AAR. KRISHNAN

Thanks

RAKHI BUDHIRAJA ADVOCATE (Expert) 11 July 2010
Dear Author,
Ur facts are not clear to me. First u can call me at 9871158578 for help and further queries.

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