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Munirathnam (Scientist)     21 April 2010

Illegal sections added while arrest, What case can be filed

Hi, I have been falsely implicated in Dowry case U/s 3 & 4 of Dowry Prohibition Act and 498A IPC. Noe police removed sections 3 & 4 of Dowry Prohibition Act from charge sheet only 498A is present. Can I file dammage suit on police and the people who gave false information to police to make me arrest in that case....? What cases (civil and criminal)I can file on them...?


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 5 Replies

ALOK PANDEY (ADVOCATE)     22 April 2010

you can file cirminal case against the police but not that persons who gave false information to police

Munirathnam (Scientist)     22 April 2010

Hi Alok,

 

 

Could given me the sections details to file case on police....?

 

 

As per CrPC-340 read with CrPC-195, I can file perjury on the people who gave false information on police. But you are telling that I can file criminal case on police also.

 

 

Please let meknow the rpovision details.

 

 

Thanks.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     24 April 2010

no Mr.Muni,

 you can not file any case against police since they have registered a case against you in some sections and those sections were not found in charge sheet. because sufficient materials may not be available to constitute offence under those sections during their investigation. Police has got power to do so.

Anmol Sharma (advocate)     24 April 2010

Actually you should have been thankful to the police that they dropped 3 & $ sections of DP Act. otherwise they could have chagesheeted you on those offences also.

Ayush (Advocate)     04 May 2010

whoever has given the information to the police which are applicable under section 3 adn 4 of dp act can be tried under section 182 of IPC subject to condition that the police officer who has been given wrong inforamtion can only file the complaint before the court


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