kulwinder singh (officer) 06 March 2012
Shantilal Pandya ( Advocate) 06 March 2012
police has to arrest only if the police finds some evidence to connect the accused with the crime from the statenents of witnesses, circumstances or other material to support the arrest
Adv.R.P.Chugh (Advocate/Legal Consultant (email@example.com)) 06 March 2012
Arrest is not made as a matter of course. only when the court finds that person is concerned in a cognizable case - only after existence of reasonable suspicion/grounds is a person arrested. If a person's presence at trial is otherwise procured and there is no societal danger - he may not be arrested at all. However since 420 is involved - the police is most likely to arrest him and then he would have to seek bail from court.
Arvind Sehdev (Advocate) 06 March 2012
Mr.Chugh Answered it to it's entirety... Nothing more to add...
skgupta (prop) 11 March 2012
after how many days court gives bail for sec 468/120b/471/406/420 if the charge sheet is not filed
ANDITHEVAR (MASTER CHIEF) 30 March 2012
employees working in my office committed criminal offence anf i reported to my office to forward my complaint to local police since dept.canot try it in domestic enquiry under dept.rules.my employer just keeping quite on my complaint.either forwarded to police nor returened to me with preliminary report conducted by them.now i filled a writ in high court to direct my employer to forward to police for further investigation asper indian law.this is correct or i need to make some alternative steps.
Police had arrested my parents at my nativeplace 1 and 1/2 year back on the grounds of Tresspassing and removing plants in the other farm field. The complainant and the police together have their personal interests in arresting my parents. Complaiant is doing Governemnt job using the fake caste certificate., thats why they want to file a fraud case against us and make the agreement to protect his job. The arrest was absoutley illegal as we don't have any connection with the allegation. Before arresting my parents, A head constable leading some other polices reached my native place early in the morning at 4 AM to arrest my parents. They arrested my parents and take them to police station and filed the case, charge sheet is also framed.
During the time of arrest they created one false "PANCHANAMA"(document signed by VRO, and the local person) with the help of local VRO, and the local person saying that my parents were there at home with the weapons which were used to remove plants. They created this kind of false "PANCHANAMA" which was not at all happened at the time of arrest headed by Head Constable. Later I read the "PANCHANAMA" document and found that that was written by Sub Inspector of Police who was not at all the memebr of arrest team and he was not present in the arrest time. Only Head constable and police guards were there. Actually they did table investigation and filed the case.
So, my question is that the was this kind of arrest was illegal? is there a way to inform this to the court and say that the arrest is illegal , hence the case filed was false. During the charge sheet, they mentioned complainant relatives as witnesses who are far away from the reported incidence (from other villages) and a local person without doing any investigation.
They filed the charge sheet and case is not happening, its very difficult for my brother who is also reported as accused to get into governement jobs and is a big problem professionally. Actually my brother was qualified for a job and later decided not to join job as strict rules of criminal basis of case.
How should I file a case against the Poilce for the fraud "PANCHANAMA" report which was the basis for illegal arrest of my parents. Why should we have to face the trail. Though we have strong evidence that the arrest was illegal.
Please help in this regard, how to proceed with the case.
Thanks much for your valuable suggestions,
On the behalf of innocent victims
jatin Mittal 9582472507 (advocate) 21 February 2014
FIR is registered u/s 420,
as one Female consultant lured the victim to provide him the job and ask for rs 20,000/-
after complaint case and application u/s 156 (3) cr.p.c., police filed the satisfactory report and judge pleased to order the FIR to concerned PS
Now after many days IO is saying he need ground of arrest even after FIR
Is that true
pls do let me know as early as posiible