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sudha (n/a)     14 April 2014

Suggestions please

Need some Clarifications on an issue:


The details of the case as follows:


In a matrimonial Dispute the girl’s Parents gave a complaint to the police and Case registered with sections 420, 120B, 406 and 506 against the Boy’s Family


After 4 months of FIR Police started arresting and A2 was arrested (The arrested person is SI of Police and was suspended because of the arrest) the remaining accused were absconding from then.


The accused went to the High court with a petition saying that “The girls family is gave a false complaint and the police are arresting them unnecessarily without any reason.”


The High court issued a Show – cause notice to the Inspector and the arrests are to be stopped for 3 weeks and also Explanation letters from the Girl’s family.


Clarifications needed regarding :


1). Does it a Quash petition?


 2). Issuing Show – cause notice to the Inspector – Does it mean that Court is believing in the accused that they were alleged in a false case?


3). Arrests are to be stopped for 3 weeks --- After 3 weeks , if the court believes that the allegations are true and Police are Correct , will they be issued a arrest warrants again?


4). Explanation letters from the Girl’s family ----- Does it mean a complaint registered against the girls family?


 5).What consequences do the Girl’s Family and Inspector face if the case is false?


 6). What consequences do the Boy’s Family face if the case is True?



Learning

 5 Replies

ADV. JYOTI JETHWANI IPR ATTORN (LAWYER)     14 April 2014

1. Yes. 2. They need to produced sufficient grounds for proving it as false complaint. 3. Than they will be directly attested by police 4. No. 5. Depending upon proving the case. For further clarification call me on 9820613359 or meet me in my office
1 Like

T. Kalaiselvan, Advocate (Advocate)     15 April 2014

Does it a Quash petition?  If the accused approached thehigh court with a petition it should be for quashing the case.


 2). Issuing Show – cause notice to the Inspector – Does it mean that Court is believing in the accused that they were alleged in a false case? 

It is not necessary, the court has issued notice to the Inspector, let him give his reply and state his reason.


3). Arrests are to be stopped for 3 weeks --- After 3 weeks , if the court believes that the allegations are true and Police are Correct , will they be issued a arrest warrants again?   The court has stayed the arrest by three weeks only, after which there is no stay, the police may proceed with the arrest.


4). Explanation letters from the Girl’s family ----- Does it mean a complaint registered against the girls family?  Notice to the otherside seeking their explanation, it is routine.


 5).What consequences do the Girl’s Family and Inspector face if the case is false?

Let the case be decided, the decision about this  will be in the court order itself.

 6). What consequences do the Boy’s Family face if the case is True? Answer same as above.

1 Like

Sudhir Kumar, Advocate (Advocate)     16 April 2014

when the accused has made and application to court the opposite party is bound to get an opprtuinity in form of notice.

 

no need to panic.

Sudhir Kumar, Advocate (Advocate)     16 April 2014

repeated

https://www.lawyersclubindia.com/forum/Show-cause-notice-to-the-police-from-high-court-100795.asp#.U06szaI1g49

manish jeswani (lawyer)     21 May 2014

Hello

Generally high Court does not go into the question of facts for quashing fir at very Intiman stage of the investigation. Please go through the judgment delivered in Bhajanlals case.

Issuing cause notice is basic principle of law and rule of natural justice Audi alteram partem I.e no one should be condemned unheard. Hence show cause notice is issued to hear his side.

Thirdly restraining arrest does not mean that court has came to conclusion that case is false and frivolous. In cognizable there is no necessity to order arrest warrant coz it only means police can arrest without warrant.

 

If court founds the case to be false the girls family have to face charges of perjury.


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