cpc

wrongly arrest under secion-107,151,110


Dear sir,

                     My uncle was arrested under sec-107,my uncle has not done any crime yet the police department arrest him,

what we can file any case against the police department and against the applicant

How to file case and under which section we can file case

 

Thank you

 

 
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advocate

1st you wait till judjement if you aucle will be innocent afther that you can file a case under  " defamation ipc 499"

now you work is how to prove ur aucle is innocent that is matter

 
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Advocate & Legal advisor

The action u/s 107 IPC may be taken if there is any possibilites to breach peace or likely to be breach. there is not required to commit any offence.  your uncle should protest the case.

 
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The action that perpetrated under Section 107 is a quasi-judicial action, which can be arbitrarily used against the innocent citizen.  If there is grievance against the action taken under Section 107, the remedy is lying under Article 226 before the Hon'ble High Court as it is infringing the fundamental right under Article 21 of the Constitution of India.

 
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Advocate

When a complaint for offence is lodged it is the power of the police to arrest the accused person and the same is applicable even in bailable offence. In your case only because the police has arrested your uncle in some false case that does not itself entitle you to prosecute the police unless you could show that the police had physically tortured tour uncle either at the time of arrest oe theresfter. or some illegality is made by the police in violation of the Police Act.

However once he gets acquitted in that case , he can file case for malicious prosecution or perjury for giving false evidence, if any.

 
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Advocate & Legal advisor

in sec.107, 151 no need to any compliaint, police can arrest any suspected. accused only protest for not to funish bond and ADM/SDM not take/laid down any evidence during the proceding.  

 
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That is why, I am submitting that it is a quasi-judicial proceedings and much scope is there for abuse of process of law.  Hence, aggrieved party has got the remedy under Article 226 of the Constitution of India under writ jurisdiction.  Kindly refer Madhu Limaye Vs. Sub Divisional Magistrate, Monghyr (AIR 1971 SC 2486) and earlier landmark judgment of A.K. Gopalan (citation I do not have)

 
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