Upgrad LLM

wrongful arrest u/s 195, 211 ipc


I had fled a case u/s 307 IPC and Arms Act against some people.

The Police finds the case to be false and decides to initiate 182, 195 and 211 against me.

Now all the three sections are Non Cognizable and they have to file a complaint in front of court having jurisdiction to initiate 182, 195 and 211 IPC against me, but they never file a complaint in front of court.

They lodge an FIR U/s 182, 195, 211 and Arms Act and arrested me without any prior intimation that the case has been find to be a false one.

Since 195 is a non bailable offence, i had to file a bail application before the Session, which took 10 days and i was in PC for 2 days and JC for 10 days.


The Session judge in his order stated that since no complaint was made to initiate 195 and 211 it will be a moot point during trial if the same is being barred by provisions u/s 195 Cr.P.C, which clearly states that no court can take cognizance of 195 and 211 IPC without any complaint.


Now my question is that, since the session judge also is in concurrence with me that the arrest was not by proper procedure, what legal recourse do i have against the erring Police Officials? Please also guide me by providing any judgements of Hon'ble High Courts / Apex Court.


Regards

 
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