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What to do if a person is falsely arrested by police
12-May-2023 (In Criminal Law)
My brother in law has been arrested in false crime. Actually in Sahawar during an protest my brother in law's cousin was involved (As per other people) and police came home to arrest him however he was not there hence they had taken my brother in law yesterday night and he is there since then..They were saying that they will leave him by yesterday evening however he is still in Police station
Immediately complain about this to the Superintendent of Police or District Magistrate,
Or
Move to Hon'ble HIGH COURT and file Petition against the state as the fundamental right of your brother-in-law has been violated.
Thank you!
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Adv. Amit Ranjan Mishra
Lucknow | 50+ Answers
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आपके ब्रदर नीला अगर उसमें किसी भी अपराध में लम में जुड़े नहीं हैं तो इस बात का साथ दीजिए कि जिस समय वह घटना बताई जा रही है वह कहीं और थे और यह साक्षात रिमाइंड मजिस्ट्रेट के यहां दे सकते हैं श्रीमान मजिस्ट्रेट अगर आपसे साष्य संतुष्ट हो गया तो पुलिस का रिमांड डिफ्यूज कर देगा और आपके ब्रदर इन लॉ को रिहा करने का आदेश कर देगा
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Adv. Vishal Kumar Yadav
Lucknow | 50+ Answers
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you should inquire if your brother has been produced before a magistrate and if he has not been produced , you should immediately file a writ petition of Habeas Corpus against the illegal detention of your brother in law, you should immediately engage a counsel, it is a very sensitive matter and time is important, so you should take legal consult immediately.
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In 24 hourse police shall be produce on first class magistrate .
And apply Bail application before magistrate .
If any violation of rule relating arresting by police officer you can sue writ petition under article 226 of Honable High Court or under 32 Honable suprime court of India.
For Detail depend on nature of case for proper advice to contact me.
thanks.
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Adv. Amar Nath Mishra
Lucknow | 25+ Answers
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habeas corpus is the golden rule against the wrongfull detention by the police .it's the writ which can be issued by the high court or supreme court for producing the person before the court so that court can identify the truth.
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Adv. Apurv Sharma
Noida | 50+ Answers
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