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What can be done for the compliance of SC order, police not supporting


07-Jan-2023 (In Criminal Law)
In a 498a/406 case the bail was rejected by the Honble Supreme court. But punjab police did not arrest the accused . Now to whom we can file the complaint for the compliance of that order pls provide the name of legal office/ officer's name . Thanks
Answers (5)

Answer #1
552 votes
Even if the court rejects the bail application of the accused, it is not mandatory for the police to arrest the accused. It is the discretion and prerogative of the police whether to arrest the accused or not.

However, if you need to pressurise the police to arrest the accused then file an application before the magistrate concerned for monitoring of investigation.

Answer #2
818 votes
An application can be filed before the Court concerned, seeking arrest of the accused. More clarity is required as to whether the application was for anticipatory bail, or regular bail. Also, did the Supreme Court cancel Bail, or dismiss an SLP challenging non-grant of bail?
Answer #3
773 votes
You can file an application for status report and investigation status before the concerned magistrate who will issue notice to the investigating officer seeking the status and progress of the investigations being carried out.
Answer #4
819 votes
It is the duty if IO and local police to do the needful. From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
Answer #5
736 votes
Approach the superior police authorities. Police are bound to take the action. In any case place a copy of SC order with your application requesting its compliance before all concerned police officers from bottom to top so that it will help you while filing contempt petition against them. You can also move to the Home Ministry. Its likely that they are trying to give time to accused; they might be making it appear to you that they are not taking action. More appropriate legal suggestion is possible only on going through the SC order rejecting bail.

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