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Witness of theft locked-up by police what to do


17-Apr-2023 (In Criminal Law)
mera ek padosi ko kl raat ko raat se utha lia h qki khi chori ho rhi thi or wo khada hokr dekh rha tha lekin usne kuch kia nhi raat me usko 1 bje k karib udhya gya n uski family ko dusre din sham ko inform kia gya h.fir b kr di gyi h qa yh shi h 2 din se lock up m rkha hua h n maar rhe h
Answers (2)

Answer #1
892 votes
Hi,

Didn't get what you want to communicate exactly as :
1.police cannot arrest the witness of any offence, he can only make him witness, i think there is some loop in the info given by you.
2.if they lift him in the night, you need to ask police on what ground they did it.
3.As FIR is lodged, and he is still in lock up you need to clarify from the police that he was presented before the Magistrate or not till yet??
4.May be the police has taken him on remand after presentment of him in front of Magistrate.

now further you need to take the FIR copy of the police and ask them about the next date and you can go for his bail after consult with some good criminal lawyer.

Hope it clarifies your query.
Answer #2
533 votes
Police has no power to keep the witness in custody in police lock up even the police has no power to accused in custody more than 24 hours. move atonce the court of the CJM of local jurisdiction for relief and legal action against the police.

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