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Ziaur Rahman ( Practice)     18 November 2016

Arrest on appearance

Police called my client under section 41A Cr.PC in an allegation under section 420/468 IPC. The allegeation related to a 3 years old incident registered as FIR one month ago without any explanation for delayed FIR. The client was arrested inspite of complying with the notice of apperance in front of his advocate who had gone with him to the police station. The place of arrest was shown as the police station in memo of arrest. The Magistrate also remanded him to Police Custody on police prayer. The accused got no chance of representation by advocate as cease work is going on by lawyers in that court against the SDJM and no Advocate  is being allowed appear. The Magistrate also did not hear the accused and also did not peruse  his papers which proves his innocence.  What remedy lies before my client for violating the established procedure in the light of the judgment of Arnesh Kumar Vs State of Bihar. The SHO also misbehaved with the junior advocate who had gone with the accused to the P.S and refused to accept the letter of protest of the Advocate. Kindly advise.


 3 Replies

Adv. Yogen Kakade (+ 91 9225510883)     18 November 2016


As already your client has been sent to PC, your priority should be to get him to MCR and get him out on bail.

As the said SHO misbehaved with your junior lawyer. You should take a serious action against him, that he should learn a hard lesson. As per the way of arrest you have mentioned, it clearly shows that the police is compromised and the FIR is managed.


Adv. Yogen Kakade

Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in   Phone: 020-65248888 / 09225510883

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     18 November 2016

Get your client out first,

Later what specfic misbehave he has done with Your client & Junior Advocte so  file writ, for asking departmental action and compensation from SHO.




Ashok Thakur (Senior Lawyer and International Law Consultant)     20 November 2016

Dear Rahman,

I don't agree with the suggestions of my friend Zoheb Khatri. The most effective recourse to your concern is to formally report the detailed incident highlighting the concerned SHO in your local Bar Association, let the Bar Association President or the Secretary pass some resolution, and file a submitted complaint with the Appointing Authority of the concerned SHO together with the copy of the Bar Association's Resolution.

Ashok Thakur


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