ARUNI SHUKLA (Engineer) 13 June 2012

Police arrested and lodged a false fir

Hi, I need a help and suggestions.

One of my friend was forcefully arrested by police and was kept in the police station unnecessarily for 2 days and later they lodged an FIR against him stating that Arms( a Pistol) was recovered from him. I want an urgent Help in this and wanted to know how I can help my friend to get justice and those policemen can be punished for their wrong doing. It's is really urgent and critical issue for me as this can ruin my friend's life as he is very disturbed and his family is very shocked and helpless.

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6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 June 2012

Go in for quashing of the FIR to the HIgh Court concerned. Consult a local advocate with a copy of the FIR.

abhishek (advocate) 13 June 2012

go for Fir quashing u/s 482 before hc and u can also intiate proceedings against the police officials consult ur local lawyer for all this

Democratic Indian (n/a) 13 June 2012

Yes try to get it quashed from HC.

False cases by police is what happens when we have laws that are unconstituional and have courts that sometimes behave like buffoons. Since arms are fundamental right under Articles 19 and 21 of the Constitution, Section 3 of Arms Act 1959 is ultra vires as it violates Article 20(3) of the Constitution.

Similar case related to self incrimination was decided by US Supreme Court in HAYNES v. UNITED STATES, 390 U.S. 85 (1968). It can be read at https://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=390&invol=85

N.K.Assumi (Advocate) 15 June 2012

Fatal blow to the police will be whether there was any independent wintnesses when those Arms and ammunation was recovered from his possession. There is a classic decision of Justice Krishna Iyer on this aspects. Challenge it in High Court as advised above.