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Arrested under Atrocity case not presented before magistrate for 7 day
10-Jul-2023 (In Criminal Law)
My friends were arrested in sc st atrocity case,they were in police custody for 7 days.they were not produced before magistrate.if two friends figth each other and they can invoke sc st act .it does not lead to misuse of act
Hi
If your friends are not produced in the court, then you should file a habeas corpus petition in the High court.
A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody.
If two friends are fighting with each other, then they cannot invoke SC ST ACT and it is an abuse.
If your friends are not produced in the court, then you should file a habeas corpus petition in the High court.
A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody.
If two friends are fighting with each other, then they cannot invoke SC ST ACT and it is an abuse.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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hi
every person arrested by the police must be produced before the magistrate within 24 hours, and if in case police has not produced the accused in court with 24 hours, the relatives of the aggrieve person can file a search petition in the court through his counsel, and on satisfaction the court may allow the petition and appoint a commissioner to search the police station and produce him before the magistrate.
As far as invoking sc st is concerned the case will be decided on merits only after trial.
every person arrested by the police must be produced before the magistrate within 24 hours, and if in case police has not produced the accused in court with 24 hours, the relatives of the aggrieve person can file a search petition in the court through his counsel, and on satisfaction the court may allow the petition and appoint a commissioner to search the police station and produce him before the magistrate.
As far as invoking sc st is concerned the case will be decided on merits only after trial.
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Adv. Shalini Junjur
Hyderabad | 25+ Answers
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