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Saptarshi Paul (Advocate)     17 June 2011

IPC 366 false case

Mr X’s wife was not found since 15th June Morning, she has two kids and at present kids are at home , there was some affair with Mr A. so on 16th June  One FIR has lodged by Mr X that Mr A has kidnapped her wife, and police has arrested Mr A, and produced before Ld Judicial Magistrate for asking Police Remand and Ld Magistrate has given 3days Police remand.

So, kindly tell me can police arrest any one only one the basis of FIR. So being as an advocate for the accused when should I file bail petition , can I file bail petition during police remand stage.

Mr A is by profession an Ayurvedic Medicine pharmacist. So his reputation is also hampered.

Kindly guide me and refer some case. So how can I free him.




 3 Replies

prashant pundhir (Criminal Lawyer)     17 June 2011

Yes my dear,on the basis of the FIR,police can arrest .

As far as bail is concern,you can move any time after the arrest and producing before the magistrate for remand and even with the remand too .

Also it will be better for you that move the bail application as soon as possible as the bail will be dissmissed from the lower court and again you have to move the bail in session . As "A" is an reputated person and doctor too so it can be an additional ground for the bail and nothing else .

Saptarshi Paul (Advocate)     17 June 2011

thanx a lot

ramprasad reddy. pottipati (Lawyer)     24 June 2011

Whether the wife of X is traced or not. What is the exact statement of that lady if that lady supports the version of her husband certainly the offence becomes serious or if that lady expressed that  she has gone of her own volition automatically no offence is made out.

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