arrest WARRANT
ankit gupta
(Querist) 27 July 2008
This query is : Resolved
a person was arrested by special cell police ,lodhi road at 5am,he was told that he is involved in a scam of 50 crore rupees of PNB .
what should a layman and family members of the person arrested do!!!
what are the essential the should give to the family members of the accused.
deepak kumar
(Expert) 28 July 2008
the police are bound to provide essential information as to in which case he has been arrested and where he has been kept and produce him to nearest magistrate within 24 hours.
once you get the case no. in which he has been arrested contact a good criminal advocate at the place where the case is lodged and obtain the copies of the papers such as the FIR etc. and if so advised go in for filing a bail petition.
if no information is provided to you by the police then ontact the higher police officials immideately, give a written representation and obtain a receiving.
if still no information is given to you file a petition in the local court / Habeous Corpus writ in High Court.
Do as adviced by your advocate
www.advocatesdiary.blogspot.com
Ambika.S
(Expert) 28 July 2008
Every person is entitled for Legal Aid according to our constitution. If a person is arrested and his family members to reach him through an advocate may not be possible in a short period. Therfore, makers of Constitution has suggested such a person should be given immediate legal aid.
Legal Service Authority a separate body works for spreading Legal Awarness to the public. Legal Aid is given to an under-trail [accused]. Legal Service Authority is set-up in all levels i.e. Taluk Level, District Level, State Level and also at National Level.
The Executive Chairman of Legal Service Authority,at state Level is High Court Judge and Member Secretary is a District Judge and Deputy Secretary is a Cheif Metropolitan Magistrate.
As all the officials of the authority are of judicial Officers. An opportunity is given to take the assistance of Legal Aid to conduct proceedings in the Court.
puneet
(Expert) 31 July 2008
if police get information regarding any cognizable offence then they can arrest person without warrant but the family of that person has the right of getting themselves informed about the arrest of the person u/s 50-a of cr.p.c the person who was arrested has a right to get himself known the grounds of his arrest u/s 50 of cr.p.c the family members of the person have a right to meet the person, to engage a lawyer,the advocates of free legal cell of the territory can have a visit if they got contacted by the family.if police stop them for using their lawful right then they can go to higher officials, can file a writ in high court
K.C.Suresh
(Expert) 01 August 2008
Police must give details of the arrest. Inform a near relative or friend about the arrest through the nearest police station where he resides. Or to the higher authorities if an employee. He must be given legal aid and medical attention. He must be produced before the nearest magistate with in 24 hours if the orginal court is away and could not reach with in 24 hrs. What else you want my dear Gupta.
