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mohammad vali (project coordinator)     14 September 2010

getting out a person from remand when he was arrested withFI

Dear Sir,

                 My friend has been taken in to Police Remand in cheating case, where as complainee has not registered any FIR and has given a written matter to police . My friend has been taken in to remand on suspicious basis  to investigate further. I want to get him out of Police remand,please explain me the procedure to get him out  of Police remand and for how long can Police keep him in remand.

Thanks & Regards 

Mohammad Vali.


 1 Replies

manoj yadav ( ex secratory)     15 September 2010

Since no FIR is lodged against your freind thus police can not take him in legal police custody.though police can keep him in police station for introgation on suspicion for 24 hours.police can keep an  accused inplice custody after formal arrest and before expiry of 24 hours accused should be braught before nearest magistrate and then only magistrate is empowered to decide that wheater accused should sent  either in police custody or judicial custody.It is open for police to demand of police custody but MGISTRATE can not sent an accused in police cusody without prayer of investigating officer. magistrtte can refuse the prayer of investigating offcer.YOU SHOULD APPROCH HIGHER ATHORITIES.

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