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Can we arrest an inspector who kept me in illegal custody .

Querist : Anonymous (Querist) 02 November 2023 This query is : Resolved 
False FIR filled & Arrested me. Can I file a private case against him
Querist : Anonymous (Querist) 03 November 2023
CSR not given by Police. What is the other step
T. Kalaiselvan, Advocate (Expert) 03 November 2023
You can give a complaint with the state human rights commission for violation of human rights by the said inspector.
Dr. J C Vashista (Expert) 03 November 2023
File a petition for malacious prosecution and/or compensation for damages for defamation through your lawyer.
Advocate Bhartesh goyal (Expert) 03 November 2023
No, until and unless you have been declared acquitted neither file complaint nor sue for damages.
Querist : Anonymous (Querist) 03 November 2023
If illegal arrest proved, can we arrest the Inspector who has made the illegal arredt
P. Venu (Expert) 03 November 2023
Had you been formally arrested? Who had released you on bail? Who has granted you the bail - the Court or the Police?

How is that the arrest is termed illegal?
Querist : Anonymous (Querist) 03 November 2023
released on bail by JMM1 court judge.
Sudhir Kumar, Advocate (Expert) 03 November 2023
no release on bail is not relevant. you hove to secure acquittal that too on merits of case (not merely procedural)
P. Venu (Expert) 03 November 2023
Yes, you have no cause of action to proceed against the said official unless High Court quashes the FIR or the Trial Court discharges you without framing the charges or acquits you on merits (not on the ground of benefit of doubt) after trial.
T. Kalaiselvan, Advocate (Expert) 04 November 2023
Until and unless you have been acquitted or discharged by court you do not have any case against the police because they have done their duty.
But if it is proved that it was a false cae then you can sue the police for malicious prosecution
Sudhir Kumar, Advocate (Expert) 25 November 2023
very sketchy facts given.


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