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Police arrested forcefully on unreasonable grounds


09-Mar-2023 (In Criminal Law)
I have a criminal case pending in high court in which the court has granted Stay . Even though the police knew about the stay they came to my house and misbehaved with my elderly mother. Only my mother was present at home at that time. Next day I complained about it to higher authorities in written, but then also the police officer arrested me and took to the police station. After talking to lawyer he realised that he was wrong so he left me . What can I do now
Answers (4)

Answer #1
809 votes
Going against the order of the court is clear contempt and hence you can move before the same court which granted stay on your arrest and file contempt against the police official(s) for which court will take suitable action.
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Advocate Gagan Jindal

Adv. Gagan Jindal

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Answer #2
577 votes
it is a contempt of court and you may file contempt proceedings. Kindly ensure that stay order was communicated to police before your arrest. Secondly your mother may separately lodge a complaint of misbehavior against concerned police official and if not accompanied by lady police than she may write to state women commission also. police generally do not register such complaints but you should first approach police station than DCP/Sp of the area for registration and finally to court for registration.
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Advocate Vinod Kumar Manchanda

Adv. Vinod Kumar Manchanda

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Answer #3
855 votes
If the police officers have misbehaved with your elderly mother ask your mother to file a complaint to the magistrate in whose jurisdiction it falls along with the copy of complaint which you filed with higher officials. Ask your mother to Take help from any NGO as well who works for the welfare of woman.also write a letter to woman commission.
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Advocate Ravi Ranjan

Adv. Ravi Ranjan

LawRatoDelhi | 25+ Answers
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Answer #4
580 votes
Police officer cannot arrest anyone who has taken stay on arrest from the High court. In your case, there seems to be some communication gap. section 41A of the CrPc has set some guidelines for the police officer pertaining to the arrest of any person.
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Advocate Tarun Sharma

Adv. Tarun Sharma

LawRatoDelhi | 25+ Answers
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