Upgrad LLM

what can i do?


 
I did a mistake and smoked in public, near the bus station. Cops caught me for that, I didnt deny it or plead with them. I said I will pay the fine. Then they asked me to give 100Rs which I gave. When I asked for the receipt they said, for the receipt it is 200. I paid him the extra 100. Now they said they don't have the receipt book with them, and so they said I have to go to the station. The other guy now started telling me to give just 100 and go. But I was determined not to be intimidated by the station trick and so I said I will come. We walked to the station and he handed the issue over to another constable in the station. Till now I was not worried. But after a 10 minute wait he asked me for an ID and said they are gonna make a charge sheet for a petty case. This scared me, not only because of the fact that I have to go to court also because I am traveling to the states next month. Now I started pleading and he said " you should have finished it there only, how much do u have?" I gave the 200, he asked for 100 more I gave that and came back yo my car. They intimidated me. Pls tell me what I could have done better? and If i can do anything abt it now? /i know the guys name, who took the 300
 
 
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Dy Director

you should know that in police station there is no cash receipt (except in movies).

 

you should have insisted on chargehseet to spend another few thousand for advocate and then be punished by magistrate.

 
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FIN

Don't smoke at Public Places.

 

You have a Car.

You must be having a Mobile.

You could Record (audio/Visual).

Once you had recorded you could have taken the call to handle the issue in the manner deemed as fit at your end.

 

 
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Dy Director

you must give a complaint to higher officers stating that these cops have caught you comitting crime and let you off by taking bribe.

 

Allegations against them may not prove but against you they are. You will sure to be chargesheted.

 
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Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779

The police people can not legally determine the punishment even on pleading of guilty since it is the basic principle of law that no one sit as Judge for his own case. (As for as police case, the police is one party.)


On the other hand, the court alone have the power to determine the same. Even if the guilty is pleaded, the  Court can admonish the accused in appropriate cases.


Note that the magistrate Court has power to issue special summons to the accused by fixing fine amount under section 206 Cr.P.C. for petty charges. According to Section 206(1) of the Criminal Procedure Code, if the accused person chooses to plead guilty without appearing before the Magistrate, he is to transmit, within the specified time, the said plea in writing and the amount of fine mentioned in the special summons.


But, from the query it is revealed that no such legal formalities were complied and the fine amount also not determined by the Court. Such a situation, collection of amount by the police is nothing but illegal. Therefore, you can make complaint against the said illegal activities of the police.

 
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Dy Director

you can make complaint as advised above.

 

You had committed a crime and cops have failed in taking action against you by taking bribe. You have escaped legal process by paying bribe.  You must make a complaint to SP so that action can be taken against cops and you.

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Querist

it will be better to forget the incident and live your life without any tension, if you want to fight the case or willing to file a complaint then contact a lawyer personally and file a complaint before higher authority of police regarding this incident.

 
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Dy Director

The moment you give complaint the case will be transferred to another cop for  arresting you and framing charges for being produced before court for the offence you have been let of. This time you cannot escape by paying bribe.

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Mr. Sudhir Kumar,

 

This man made a mistake but still he is against the corruption.

 

I request you and other learned friends in this forum to appreciate his view.

 

You can make a complaint to the SP as Mr. Sudhir Kumar advised.

 
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Dy Director

why should one fight against corruption when he is himself on the wrong side.  He is against corruption it is well and good.  It is appreciable worth encouraging.  But why his first experiment with corruption should be a loosing bargain.

 

He doe snot have much evidence as on now against corruption.  But the evidence will be there when he is convicted and identifies that there were three constables who omitted to arrest him then and there and if not able to stand bail send him in lock up. Later on produce before court next working day only to be fined few Rupees.

 

but why doe she not fight against corruption where he himself is not wrong and he himself is not to suffer.

 

If he ends up sufferer in first fight against corruption (as apparent) (as also advised by Mr Qureshi) then zeal to fight again is subdued

 
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