Can wrongful arrest be treated as kidnap?
Milap Choraria
(Querist) 01 April 2012
This query is : Resolved
The alleged new incident dated 2nd March, 2012 in Howrah (WB) regarding snatching by me from the pocket of my daughter-in--law is totally false, concocted and created story, since on 2nd March, 2012, I was in Delhi, which can be proved from CCTV Footage of different Public Authorities, Mobile Details including Voice Data. I want to serve legal notice against the aforesaid particular story, otherwise two other cases including one u/S-498A was stayed by Hon'ble Calcutta HC, on our application u/S482 of Cr. P. C.
However, in the said earlier case u/S-498A, I was arrested in violation of Hon’ble Supreme Court Judgment in the matter of Joginder Kumar Vs. State of U.P. Judgment, pronounced by Hon’ble Venkatachalliah M.N.(CJ), Mohan, S.(J), and Anand, A.S. (J) on 25/04/1994 (CITATION: 1994 AIR 1349 1994 SCC (4) 260 JT 1994 (3) 423 1994 SCALE (2)662)and alsso in violaation of the Two Police Investigation Reports, which categorically stated that no alleged incident (claimed in FIR) was occured. The aforesaid FIR was also registered under various Section of the Protection of Women from Domestic Violation Act, which Act does not empower the Police to Reister FIR, Investigate, Arrest and File Charge Sheet. Therefore in my view my arrest was my kidnap in the illegal guise of the Arrest, while one Ld. Luminary considering it as wrongful arrest. Therefore, if some one can suggest the Section under IPC, which describing the wrongful arrest?
bhagwant
(Expert) 01 April 2012
it will be wrongfull confinement
see DK Basu's case
see Art.22 of Constitution
see 57 and 167 Cr.P.C.
Nadeem Qureshi
(Expert) 01 April 2012
Dear Querist
I agree with Mr. Bhagwat, if you think fit that you arrest was wrong, you have right to fight the case before the court or another authorities.
feel free to call
SAINATH DEVALLA
(Expert) 01 April 2012
Dear Milapji,
Though it does not amount to kidnap,it is the irresponsibility of the investigating officer.
If after the investigation no evidence is found against the accused how can the police file the charge sheet in the court even if they are pressurized in doing so? The very first thing the court will ask them the list of witnesses & the evidence which they got to prove their charges against the accused. The police/investigating agency is supposed to collect all the evidence during the process of its investigation & arrest the accused if some prima facie evidence is found against him/her if there exist no evidence at all whether prima facie or irrefutable then for what the police arrest the person accused by the complainant or presumed to be as the case may be. Even if for the sake of presumption they file charge sheet against the accused person then how they will proceed with the case if they have no evidence against such accused, the court will take no time discharging or acquitting the accused if no evidence is produced in the court to prove the charges against the person. In criminal complaints the accused is presumed to be innocent unless proved guilty & for doing so the investigating agency should have sufficient evidence to prove his/her guilt without any doubts. Hope this basic principle of criminal law is clear with you now. Based on this very principle you saw how all the accused in Aurushi’s Murder case were released on bail & no charge sheet could be filled against any of them by the C.B.I the best investigating agency in India
Milap Choraria
(Querist) 01 April 2012
Thanks to all experts, who gave valuable replies to my quesries.
Shonee Kapoor
(Expert) 02 April 2012
Never mention, besides an adult male can not be kidnapped.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 02 April 2012
u cannot claim u were kidnapped.
Guest
(Expert) 04 April 2012
Dear Milap,
Probably you have forgotten to provide one important missing link of the story, whether you made any mention in your statement and requested them to check the CCTV footage or provided any proof to the arresting police party about your being in Delhi on the day of reported false snatching event.
