Charge of theft police not agreeing for taking complaint back

586 votes

Police is not allowed to beat up an accused. It is contrary to law. Police is also bound to let the accused meet to his relatives and advocate. Complain about it to the judicial magistrate under whose jurisdiction the police station lies. If problem is not solved then complain about it to higher police officials and file a writ of habeas corpus before High Court. It does not matter what the accused has signed in police lockup. For bail you may first approach the above said magistrate under section 437 crpc and if bail not granted then to the session court and after that High Court under s 439 crpc (because offence under s 379/380 is non-bailable). Offence under s. 379 is compoundable with the permission of court, so ask the complainant to file application for the same before the above said magistrate under s 320 crpc. If the accused has been charged under s 380 IPC (theft in dwelling house) then it is non-compoundable), in that case you will have to file petition under s 482 before high court for permission of compounding the offence.

Advocate Pradeep Naik LawRato

672 votes

You both can go in front of court for compromise and the statement which police has taken can be chalanged in the court unless statement is not registered infront of magistrate it does not make much issue ass wel you can submit medical report which proof inhuman behaviour of police

Advocate Brij Bhushan Pandit LawRato