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Sai Yadala   02 September 2021

Misuse of notice 41a

Can i use this judgement as a reference to file a private complaint against a police office who bypassed all rules and arrested  me and sent to Judicial custody for 498A,

504,

506,

323,

3&4 dowry act.
saying that , the station bail is mandatory as these sections are less 7years or 7years punishment. however, he has not followed it.
also, i donot have any criminal history before this case. keeping this points, i would like to file  private complaint against this police office who is misusing the Law and fully corrupted and sucking people's blood in the form of money.

https://indiankanoon.org/doc/191857134/

if my approach is wrong, can anyone suggest to the guidelines to take action against that police officer who has not followed supreme court guidelines with out issuing a 41A notice, not informed after FIR is registered, i was not interrogated via CAW cell, no committee, no report,  4days he kept me in a station and sent to judicial custody due to political influence and completely bribed. This has happened in Karnataka. i came to know from one of my lawyer saying that in karnataka station bail is abolished in 2020.



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 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 September 2021

Union Law Department has amended CrPC section 41A and cancelled the police station bail in order to check corruption in the police department. From now onwards bails will be granted by the courts only and a gazette notification was also issued in this regard. Earlier, police station could grant bail with a possibility of accused facing a jail sentence upto seven years. There were serious allegations that police stations were looting the victims under the pretext of giving bail. However, a section argued that courts have to be approached for bail by the accused in each and every case and courts may not have time to deal with small cases. But as per the new rule the SHO will have to file the case and produce the accused in the court.

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