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Advice regarding arrest of wrong person


23-Jul-2023 (In Cheque Bounce Law)
Yesterday a police personnel told my friend that an arrest warrant is issued in his name. By seeing the warrent it is learnt that the name was wrong. My friend name is vinay sharma and in warrent it was binay sarma.similarly address was house no 10 instead of 17. Case is binay vs Dena Bank. but from Dena Bank they had given him no dues certificate. Police personnel is forcing him to settled in court otherwise they will arrest him. However they can not give him any official letter. In that case is it possible to arrest vinay sharma whose name as well as house no is different as there might be other person in this name.
Answers (3)

Answer #1
659 votes
If it is genuine mistake then they can not. To be sure whether the case where the mistakes is made is the same loan and the person is same through checking the record of the court. then you will be assured and then can protest the police about the same. and if it's found that the person mentioned in the case and your friend are same person then file a application in the court where the case is pending and place the NO DUE CERTIFICATE. case will be dismissed
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Answer #2
602 votes
No he can't be arrested. Even if he is he can challenge his arrest by filing a Writ in High Court as to what are the reasons of his arrest and on what grounds have they arrested him. since you have documented proof you have no apparent reason to worry. if the pol8ce harrass you steps can be taken against them
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Answer #3
705 votes
technically, it is not possible as because the police should submit a report regarding wrong address and name of the accused but even if the police forces vinay sharma to be present in the court on the due case date, in order to settle the matter from your side for once and for all, you can simply go to the court and produce your adhar card or any identity proof and say that you are not that person who is mentioned in the case as accused. the court will note this and you will not be disturbed any further.
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