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Vasant Kumar (Lawyer)     03 January 2017

Permission to arrest

Dear All,

My query is w.r.t. permission to arrest to be taken by I.O. of the case from the magistrate.

Brief facts are:

One accused A got arrested in an FIR no. 2234/15 u/s 307 I.P.C. As per the prosecution in the said FIR the accused disclosed about the commision of another offence under FIR no. 2274/15 u/s 392 & 34 IPC which was registered subsequently (both the FIRs are registered in Delhi and pertaining to the same police station but, the investigating officers are diffrent). The I.O. of the FIR 2274/15 obtained the relevant papers from the first I.O. and interrogated the said accused and later arrested him in his case i.e. FIR no. 2274/15. Now my query is: 

a) since the accused is already running in JC in first FIR no. 2234/15, does the I.O. of the second FIR no. 2274/15 ought to have taken permission from the magistrate before interrogating the accused or arrest for that matter?

b) what would be the position if the accused running in PC in the first FIR no. 2234/15 and during this term of PC of the accused A the I.O. of the second FIR no. 2274/15 interrogated him and later arrested him?

c) will the position changes when the accused running in JC and PC?

Kindly enlighten.

Thanks in advance.

 2 Replies

Zoheb Khatri (Practicing in Mumbai     04 January 2017

FIle application before concern magistrate that permission is not taken by IO to interrogate.

Vasant Kumar (Lawyer)     05 January 2017

Is the permission required??

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