rajendra (na) 06 August 2014

Query on private complaint

Hi,

I have filed private complaint in court with the sections of 420,406,120B,506.

Now its forwaded to Police station.

Since all these are non bailable sections will the police arrest the oppsoite party or just enquire them and submit the report to court?

What is the procedure followed by court in case of non bailable sections..

Thanks in Advance

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4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 07 August 2014

Dear Querist

as the sections mentioned in your complaint the punishment is upto 7 years and as per section 41 and 41 A of cr.p.c and recent judgement of SC (Arnesh Kumar vs State of Bihar) Police can not arrest the accused without disclosed the reason that why the arresting is necessary. so police first of all conduct an enquiry and if the IO think that there is a reason to arrest the accused and without arresting the purpose of investigation can not be completed then only the police may arrest that accused otherwise not.

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rajendra (na) 07 August 2014

Thank you for your reply....

Here in the case of Oppsite party wantedly skipping the medical test.

In the private complaint i have requested the court to allow police to take oppsoite party to the medical checkup and submit to court(this is the case of impotency)

so can i ask the IO to arrest them and send to remand..

Once they are in remand file petition in court asking the court to allow them to take to hospital for medical checkup..

Thanks

T. Kalaiselvan, Advocate (Advocate) 09 August 2014

After your private complaint has been forwarded by the court to the police with instructions to investigate and if necessary the accused may be arrested after proper inquiry, the police will carry out the instructions accordingly, you cannot give any additional instructions to the police.