Asking remedy against police department
I want to know under what jurdication police can arrest Army soldier and file an FIR against army soldier? The lady police officer caught a soldier who was in civil dress and he in on vacation. the traffic lady police officer before asking anything slap on the soldier face once and try it again to slap him. The army soldier who was in civil dress try to stop her for the act. And ask her whether you have any right to slap any common person. after that the Lady police officer again try to slap him but this time soldier caught her hand and defend himself. After that other police constable come to the help of lady police officer and assault to the army soldier without having the knowledge that this person belong to army service. they brutely beating him. later on army soldier losses his temper and beat them all. The police persons they immediately inform the department regarding this incident, soon they reach the location and arrest him.
The Police department without informing nearest commanding officer file an FIR under section 323, 353,504 read with section 185 of Motor Vehicle Act. And produce before the JMFC court.
My question is that whether the police department has right to file an FIR against an Army Soldier?
Under what circumstance FIR is registered? What are the remedy available to the army soldier?
whether under section 482 of Cr.P.C. can High court of Karnataka can quash the FIR?
Whether the army soldier has to attend the court while trail is necessary? Because he his posted on Nagaland and as he is undergoing and presume Para training?
Whether any departmental enquiry is necessary against that police department. who has falsely put him under custody and put behind judicial custody. certain material is in the custody of police department like hamlet, mobile, and two wheeler honda activa.
how to take action upon the police department for illegal custody.
suggest me.
adv. k. b. halgekar or send me mail kk.halgekar@gmail.com, kk.halgekar@yahoo.com or call on 9481743659.
