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sandipchoudhury   06 April 2020

Arrest and fir for purchase grocery in lock-down period

I have gone to purchase grocery item in the shop in lockdown period. Police catch me when returning from the shop. They arrest me and lodge FIR against me under section IPC 188. In the police station, police called a lawyer and give me bail on that lawyer's responsibility after 30 minutes. Police have asked me to sign many documents but they did not give me any documents or FIR copy. Lawyer (police knows him in the police station) asked me to come to court after lockdown and take the confirmation of bail. I have all the bills and payment details for the grocery.

I have seen that IPC 188 includes a jail term can be extended to six months. So, will the court put me in jail?



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 14 Replies

advharminderdhankhar   06 April 2020

no...court will impose only fine if u plead guilty...if u contest the matter then u have to produce ure defence evidence...

advharminderdhankhar   06 April 2020

no...court will impose only fine if u plead guilty...if u contest the matter then u have to produce ure defence evidence...
1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     07 April 2020

Very unfortunate that you got embroiled into such a situation. But, do not worry. When you attend the Court, explain to the Judge why you had come out with the evidence of Bills etc.  .

 

It is always better in a lockdown situation, to go out only when it is allowed to go out like before 11AM or evening from 4 PM to 6 PM etc instead of going out as if there is no lockdown.

1 Like

sandipchoudhury   07 April 2020

Originally posted by : SIVARAMAPRASAD KAPPAGANTU
Very unfortunate that you got embroiled into such a situation. But, do not worry. When you attend the Court, explain to the Judge why you had come out with the evidence of Bills etc.  .

 

It is always better in a lockdown situation, to go out only when it is allowed to go out like before 11AM or evening from 4 PM to 6 PM etc instead of going out as if there is no lockdown.

But I am very concern if the court put me in Jail. Because IPC 188 says that a jail term can be extended to 6 months.

G.L.N. Prasad (Retired employee.)     07 April 2020

Don't worry.  Govt. may withdraw all such petty cases once there is an improvement in position.  But, ensure that you are out only during prescribed hours and there is CCTV footage either at Grocery shop, or at the place where you have been apprehended or at police station showing the correct time of your apprehension.

1 Like

G.L.N. Prasad (Retired employee.)     07 April 2020

If there are elders in your family also collect some medical bills of essential medicines showing that date and time.

1 Like

P. Venu (Advocate)     07 April 2020

Now that the FIR has been lodged, wait for the summons from the Court. In all probability the summons may never be served. The cases are likely to be withdrawn once the present situation is overcome.

1 Like

sandipchoudhury   07 April 2020

Originally posted by : P. Venu
Now that the FIR has been lodged, wait for the summons from the Court. In all probability the summons may never be served. The cases are likely to be withdrawn once the present situation is overcome.

The lawyer (Police knows him in the police station) has asked me to come in the court on 16 April 2020.

Will I go to the court or wait for summons from the court?

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     08 April 2020

While in the Police Station, you must have given your address to the Police, which gets recorded in the FIR against you.  So, the summons shall be served (if at all they are served) to that address. Therefore, just wait and see till the Summons are served by Post or by Court/Police Authorities. I am also of the view Government may not pursue all these petty cases and waste their and Court's time. These are all the cases filed just to inculcate fear among people.

1 Like

P. Venu (Advocate)     08 April 2020

In my understanding, there is no need to attend the Court unless you are summoned.

1 Like

sandipchoudhury   08 April 2020

Recently I want to apply for USA visa. For this arrest will I not get USA visa?

Dr J C Vashista (Advocate)     09 April 2020

It will not affect your visa application, however, it is advisable to consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.

1 Like

sandipchoudhury   09 April 2020

Originally posted by : Dr J C Vashista
It will not affect your visa application, however, it is advisable to consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.

Thank you. But police does not give me FIR copy or any documents. What should I do?

P. Venu (Advocate)     09 April 2020

In the present situation, it is wise not wise to make an issue of this aspect.


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