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police actions


Sir,

Police  without even calling the accused and without carrying out preliminary inquiry lodges FIR against senior citizens above 73 years under section nIPC 354, 354 A, 341, & 509. Police gets statemnet recorded under CrPC 164 by a lady and maligning two senior citizens. .

Anticipatory bail (AB) rejected by Session judge. 

Applied for AB in High Court. AB Granted to one person. 

AB applied separately for second accused in Oct . Case delayed at our request and next hearing fixed for 17 Feb 2020.

Police can surely arrest second accused now in absense of AB till 17 Feb 2020.

Please suggest how to get out this situation so that senior citizen is not arrested.

Can both accused join investigation at this stage? 

Can police organise AB or regular bail for both accused persons without asking for custodial investigation. If so how.    

 
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Deputy Manager

Sorry sir, there is no procedure of preliminary inquiry by the police as such, before lodging of the FIR under section 154 Cr PC in the cases of cognizable offence. The second accused may be arrested by the police for investigation. Cr PC 164 statement is not the final sermon of the complainant woman and can be challenged during the trial. Please engage some local lawyer who deals in criminal cases.

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Thanks please 

 
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