Kirankumar (Student) 10 February 2016

Jurdiction of police to arrest

I Want to know under what jurdiction police can arrest Army soldier and file an FIR against army soldier? The lady police officer caught a soldier who was in civil dress and he in on vacation. the trafic lady police officer before asking anything slap on the soldier face once and try it again to slap him. The army soldier who was in civil dress try to stop her for the act. And ask her wheather you have any right to slap any common person. after that the Lady police officer again try to slap him but this time soldier caught her hand and defend himself. After that other police constable come to the help of lady police officer and asult to the army soldier without having the knowledge that this person belong to army service. they brutely beating him. later on army soldier losses his temper and beat them all. The police persons they immediately inform the department regarding this insident, soon they reach the location and arrest him.

The Police department without informing nearest commanding officer file an FIR under section 323, 353,504 read with section 185 of Motor Vechicle Act. And produce before the JMFC court.

My question is that wheather the police department has right to file an FIR against an Army Soldier?

Under what circumstance FIR is registered? What are the remedy available to the army soldier?

wheather under section 482 of Cr.P.C. can High court of Karnataka can quash the FIR?

Wheather the army soldier has to attend the court while trail is necessary? Because he his posted on Nagaland and as he is undergoing and presume Para training?

Wheather any departmental enquiry is necessary against that police department. who has falsely put him under custody and put behind judical custody. certain material is in the custody of police department like halmet, mobile, and two wheeler honda activa.

how to take action upon the police department for illegal custody.

suggest me.

adv. k. b. halgekar or send me mail kk.halgekar@gmail.com, kk.halgekar@yahoo.com or call on 9481743659.

Reply Follow

2 Replies

Vijay Raj Mahajan (Advocate) 11 February 2016

The Police has acted wrongly no doubt about it and the army official should file a formal complaint against the police officials who had assaulted him physically too. The FIR against him should be take up along with a fresh FIR lodged by him against the Police officials involved in the public nuisance.

As far the Army Commanding Officer is concerned he must be aware of the incident and he can order suspension of army officer and conduct departmental inquiry against him, similar suspension of police officers and department inquiry against them should be initiated.

The Police department not conducting the same should be forced to do so by approaching higher officer and even seeking information through RTI about the action against the earring police officials at the time of incidence.

The court in such case will try for amicable settlement of issue between both sides as both parties are officers of departments of government on the security duty and this should be worked out by the counsels of both parties.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 11 February 2016

Even though the actions of the police are totally wrong , there is no protection available to an army man from arrest . The only protection is under section 45 crpc and section 197 crpc but those only apply when they are discharging their offices Functions . The protection does not apply to thrm When they are not in the discharge of their duty like in this case