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What actions can be taken if police make arrest without FIR
06-Sep-2023 (In Criminal Law)
We have some family dispute on some agriculture land which is already registered in our name. Now the other party (sis of my mom) started growing some crop on the land registered in moms name. Since the property is recently transferred from grand mom ( maternal) to my mums name, other party have taken stay on the transfer. My brother distroyed the crops to free the land from thier possation. The other party took police help and we all were called to police station. My brother was kept in custody for around 6-7 hours and is askes to come back next day again. They even demanded 10000 to close the matter. Also there is no FIR as of now. Can they do this even if no FIR is registered? If no what are my options to action against police and other party? Thank you.
If a policeman arrest any person without complaint you can approach to the superior authority( DSP and SP ) and he will get the matter disposed of if fact are on your side and if also superior authority don’t do anything than you can approach district court in this matter. you can also file a Writ Petition under article 226 for illegal detention.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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