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IO refusing to accept courts order, what to do
29-Sep-2023 (In Criminal Law)
My father ia working in school from 29 years..last month my father is charged under ipc 354,354a and posco act.. after some days complainant wants to compromise because thid is false case and they gave us an affidavit of compromise and evem halfiya byaan of girls father stating they dont want any legal actiom against us.. we have appealed for anticipatory bail. On ist hearing judge order police to cancel Posco act and submit cancellation report of fir and order to not to arrest father.. bt al these orders are verbal and not in written form.. bt after that io of police station called us and told us that she will not submit any cancellation Report and not cancel posco act even we have submitted compromise affidavit in police station also. She is not even bothering judge's order in enquiry also she has not found any false Repory against us.. what to do next.. she is not considering judgr's order??
Dear queriest,
1) on anticipatory bail judge cannot order police to cancel pocso. Neither he has the power to say so during investigation.
2) you can file inquiry for the same to commissioner and police and there u can go for cancellation
3) another way is quashing. Go for quashing in high court .
Thnks
1) on anticipatory bail judge cannot order police to cancel pocso. Neither he has the power to say so during investigation.
2) you can file inquiry for the same to commissioner and police and there u can go for cancellation
3) another way is quashing. Go for quashing in high court .
Thnks
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Adv. Shivam Sood
Ludhiana | 200+ Answers
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First of all, if the order is not written then IO is not bound. Get written orders and then get it done. Or you should directly move to High Court for the quashing of FIR to get it quashed. I hope that will suffice.
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Adv. Pankaj Chauhan
Mohali | 100+ Answers
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Hello
When any fir registered against any person then remedy is if some compromise happened then police has to submit its cancellation report in court then complainst will give statement in court that he or she agree with comp.
When any fir registered against any person then remedy is if some compromise happened then police has to submit its cancellation report in court then complainst will give statement in court that he or she agree with comp.
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Adv. Deepak Sabharwal
Amritsar | 200+ Answers
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hello dear questioner,as i can read that all the orders are verbal how it can be possible to proceed with verbal orders. in the span of seven years of my career i had never listened or seen such orders. orders are always in written form. as you said that you applied for bail ,it is but obvious that you must hired some lawyer. ask your lawyer for proper information regarding the bail orders.
because no police official can neglect the court orders,they may delay to comply with but they are not in a position to ignore such kind of orders.
there must be something of which you are not aware !!
because no police official can neglect the court orders,they may delay to comply with but they are not in a position to ignore such kind of orders.
there must be something of which you are not aware !!
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Adv. Nidhi Sharma
Amritsar | 100+ Answers
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