i want to know my arrest is illegal or legal. can police do it

Question

i want to know my arrest is illegal or legal. can police do it

20-Aug-2025 (In Criminal Law)

i was in jail in another case. poilce moved to the court and get a production warrant against me related to other FIR. but that pw was not executed, and the issuing cjm of pw then has given a order that i am not needed in the court. so i got released because of court this order, jail authorities relased me after receiving this order, now police came to my house without any court warrant or knowledge and direcly arrested me. so can police do it, is it legal or ilegal

Answers (5)

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Adv. Kuber Hooda Adv. Kuber Hooda

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Advocate Sumegh Garg LawRato · Accepted Answer · 2025-08-20T10:07:04+05:30

Answer #2

Hello, An application for a production warrant is filed when the accused is already in custody in another case and his presence is required in the present matter. However, since the court has ordered that your presence is not required in this case, it means you are not required to appear in court proceedings for this matter. Nonetheless, you will continue to remain in custody in this case as well as in the other matter, unless bail is granted.

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Advocate Ajay K Godara LawRato · Accepted Answer · 2025-08-20T10:09:47+05:30

Answer #3

helo i am advocate Ajay Kumar Godara form Hisar Haryana mana app ki puri detail check kar le ha please case ki puri detail send Kara taki ham app ki puri help kar saka app hame whtup ya email kar sakta hai app ki puri help ki jaya ge

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Advocate Raman Sahu LawRato · Accepted Answer · 2025-08-20T10:12:51+05:30

Answer #4

If the arrest was in the same FIR where court exempted you, you can file a contempt petition or writ of habeas corpus in High Court. If it is in another FIR, your remedy is to apply for bail (regular or anticipatory, depending on the stage).

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Adv. Raman Sahu Adv. Raman Sahu

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Advocate Ankit Sharma LawRato · Accepted Answer · 2025-08-21T06:31:12+05:30

Answer #5

Police can arrest an accused without warrant if the offence is cognizable under CrPC. However, if the court has already passed an order that your presence is not required through production warrant, then direct arrest from your home without showing any warrant may be challenged as illegal. You should immediately move an application for bail and also bring this fact to the notice of the Magistrate. If police action was without due process, you can also file complaint against such arrest.

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Adv. Ankit Sharma Adv. Ankit Sharma

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