Police's carelessness
Querist :
Anonymous
(Querist) 21 May 2011
This query is : Resolved
R/Sir, My brother has been in Tihar Jail since 27/04/2011 in false case of 498a, 34, 406 & prior to this the stridhan returned to the girl through police. As my brother was arrested without arrest warrant, so IO’s statement called for by Session Judge on 16.05.11 & 18.05.11 but he never turned up on these date. The next hearing was fixed on 21.05.11 and on this day another Session Judge granted my brother’s bail & passed an order. Surety, a Central Govt. Employee working in Delhi, provide all the relevant documents for bail on the same day but the order could not be served to Jail by JMFC on plea that the verification of Surety must be done first.So it will delay two more days. Is it correct? Second, what the action can be taken against police as my innocent brother was in jail for more than 27 days due to police’ mistakes. Thanks in advance.
Guest
(Expert) 21 May 2011
You already said that ,order could not be served to Jail by JMFC on plea that the verification of Surety must be done first.So it will delay two more days. Is it correct?
Yes, correct.And you cant take an action against police ,you can take an action to opposite party(wife and their parents) after the 498a case is finished in your favor.If not then your brother should go to jail.You can file defamatory case against wife and their parents after you won 498a case.
M/s. Y-not legal services
(Expert) 21 May 2011
I don't know that where are you from.. In tamil nadu, if surety produced from the judicial magistrate mean the very same day its will be accept or reject. Its will not take two days.. Your counsel should be stated the urgency of the accused's situation to the judicial magistrate. Verifying surety is not very complicated thing..
M/s. Y-not legal services
(Expert) 21 May 2011
First your brother have to face his 498.a case. If the case was dismissed against him mean then he may think about next steps. And if that case is fabricated one, and any police officers played any vital role in that case mean surely your brother can take criminal action against the police officer as well as the family members of his wife's.
jayeshmankodi
(Expert) 22 May 2011
yes i am agreed with mr.tom.advocate
jayesh mankodi-advocate jamnagar
