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wrongful arrest by police, what legal actions can be taken?
10-May-2023 (In Criminal Law)
Hi, my friend was found in a unisex saloon and spa by Cops during their raid snd he was arrested although they didn't find him foing any offensive act. He was charged 370, 1,2,3,4,5,6,7 and put into central jail for 6 days, now we got his bail done. So, now I want to know 2 things 1. whether It is fair to put charges and putting under the bar without any evidence, if it is unfair how he can take this up legally 2. how does he close this case soon
There are 2 things 1. Preventive arrest and 2 conviction. In preventive arrest police take steps to prevent person from destroying evidence and hence taken to custody and sent to judicial custody I.e jail. He is accused not convicted prisoner. Secondly as per recent verdict he can challenge FIR under 482 CR.p.c in high court and get it quashed. Normally action of police is not challenged for malicious prosecution
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He was arrested and now obtained bail. There is still time for the police to file a charge sheet. To close this case soon, he should first get discharged of the offences charged against him. After that he can take this up legally.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Hi, Police can not arrest anyone without any concrete evidence at the preliminary investigation . In this case, we need to wait till police collect all evidence and file charge sheet in court. But, If you think you did not involve in any offensive act in spa then you may approach high court for quash ( but, there are less possibility by high court to quash these type of cases ). You may discuss with me (along with copy of FIR/preliminary investigation report ..etc) to find grounds for filing quash petition.
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It is not fair and not permissive under the law to put false charges and putting behind the bar without any evidence. He can take this up legally only after he being cleared from the charges made against him, by the competent court of law . By get assisting the court by a good advocate you can get close the case soon. Good Luck.
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Adv. Chandraiah
Bangalore | 100+ Answers
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