Legal Troubles (None) 08 November 2015

Non-cognizable report

Question: Is any report on general diary or non-cognizable diary in Andhra Pradesh Police Stations sent to higher ups periodically, to thwart tampering?

I received a signed agreement from my opponent on Day X in state of Andhra Pradesh. I sent legal notice to complainant on Day Y = X+320. However my opponent now claims to have lost signed empty stamp papers, and further claims that he reported the loss of stamp paper along with property documens in local police station on Day Y-30, and then claims I found those papers, filled in the content of the agreement and sending malafide legal notice.

My opponent is also an influential person. So my questions are - How can I verify if my opponent actually made such a complaint on Y-30. My suspicion is he may have used his inlfuence to file a non-cognizable report after he received my legal notice and perhaps such entry was made in the general diary and/or non-cognizable diary.

Any ideas from the experts on how this can be exposed?

Thanks in advance

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SAINATH DEVALLA (LEGAL CONSULTANT) 10 November 2015

Article 22 (1) of the Constitution of India, says" No person who is arrested shall be detained without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

non cognisable case is a case i which the plice cannot arrest the accused without obtaining warrant of arrest ( permission) from the court.

if u receive summons from the court do appear before the court throgh an advocate and on the same day u the copy of all the documents like fir, charge sheet etc will be given to u.

secondly if u have some idea as to what type of case is registered against u then u can apply for anticipatory bail in ur state high court or sessions court within whose jurisdiction offence is alleged to have committed. this anticipatory bail helps u to avoid arrest.

Hence better wait till U receive any summons from the court.