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Hursha (Director)     29 March 2010

Wrong Arrest

My friend was arrested a few days ago. The lawyers say that the Remand Sheet that the Investigating Authority submitted to the court was in no way a Remand Sheet. The Investigating Authority did the arrest with the sole attention to harrass him.

The Investigating has been going on for the last 5 years and there has been no charge sheet so far. My friend is Accused 2. Accused 1 was arrested in 2005 on Sections 304-b, 201 and Dowry Prohibition Act. His wife had committed suicide by hanging. Now the Investigating Authority has added 120-b r/w 302 when arresting my friend. During interrogation, they showed him a document that, according to them suggested that he was in the vicinity when the woman committed suicide. However, my friend showed documents that these documents were incorrect and based on that he was granted bail, last week.

It does not appear that the Investigating Officer will file a charge sheet for the next few years as the sole purpose is harrassment !!!!

Questions :

1. How can he prove that he was incorrectly arrested ? What are the provisions he law that he can use ? 

2. How can he protect himself through the Judiciary against the vicious investigating officer ?


 5 Replies

N.K.Assumi (Advocate)     29 March 2010

Legality or illegality of remand does not effect the arrest, but if charge sheet has not been filed till today you can move for bail under section 167 of the CrPc.

Hursha (Director)     29 March 2010

My friend has been already released on bail. The charge sheet has not been filed for 5 years now. He is now exploring legal options to question his arrest and also seek protection from a malicious investigation. Any suggestions ?

Anmol Sharma (advocate)     01 April 2010

There are a lot of things you can do to teach such kind of Investigation Officers and SHO's a leson.

Hursha (Director)     04 April 2010

Thanks for your reply Mr. Sharma.

My friend badly needs help. What are his legal options to an immediate and quick relief ? I am sure you can understand that due to his time in the Prison due to a wrongful arrest and a malicious investigation, he has been experiencing immense social stigma. It is important that he proves the arrest was wrong. How can he do that as there is no likelihood of th IO filing a  chargesheet.

He has discussed the option of quashing the FIR., but senior lawyers have told him that his chances of quashing the FIR are low. If this is ruled out, what are his other options ?

Anmol Sharma (advocate)     06 April 2010

hurshaji, please do not get intimidated by police walas... I need to look at the FIR etc and all the facts,,, if you say that IO will not file a chare sheet soon then you can move High Court under article 21 of the Constitution of India directing the SHO to complete the investigation or file the status report... Art 21 involves speedy investigation by the police...


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