arrest for investigation
rituraj
(Querist) 11 October 2010
This query is : Resolved
Sir sorry, earlier I have not mentioned my problem clearly.. To seek advice from this forum, I m explaining it briefly .Sir one of my relative is being arrested by police for some investigation. The police personnel was having one mobile number of the accused person for which they are asking my relative to indentify that no. they are telling that from yours no. some phone calls are received and made to that no. At first instance he could not identify it. Then they took him to police station and locked him. When his family came to know this, they all went to police station and asked about the matter. Then they (police) disclose that they are searching the subscriber of that particular mobile number who has made threaten call to some one who has logged the FIR and police failed to catch that person who has made the call because he has given fake address while purchasing the sim. That’s why they arrested my relative b cos in caller list his number appears two or three times. After that whole family members asking each other that any one could identify that no. fortunately one of his family member identified that no and told that he is knowing that guy and his house also. Sir one thing I have missed to tell u that my relative is running a coaching center in which so many boys and girls are studying. Often their parents call my relative about their child performance and where about etc. etc. So when that no. was identified, they all went to police station and told the matter to police i/c of that case. Meanwhile my relative was in police lock-up from last 24 hrs. and being interrogated by police staff. Lastly when police came to know identification of that no. they had done raid and successful to capture that guy.
Sir after this I thought police must release my relative. But on the second day also he is in lock-up. After enquiring the policemen he told that he is (my relative) also a part of this case. As b cos of his number that person has been cached . Sir I m requesting u to kindly advise me that what legal action police will make . and what my relative can do to safe guard himself. After all his family has done needful for police, even after 24 hrs also they have neither put him in front of the court nor release him As the whole family doesn’t know the legal process. First time in life they have been in this type of situation. Sir what is ur advice in this regard, whether they have to take any lawyer s help. or even lawyer cannot do any thing in this regard. Perhaps police i/c wants some money. What I can do for my relative. I need your advice. Thank you
Devajyoti Barman
(Expert) 11 October 2010
The police is bound to produce the accused within 24 hours to the nearest police station. If they fail to do then it has to face a major penalty. So first check what has happened.
Only because your relative is running a coaching center he is not likely to be discharged so easily till conclusion of trial. But before that he has got every right to pray for bail.
So I would suggest you to immediately engage a criminal advocate who should take proper care of your case.
madan kumar tiwary
(Expert) 17 October 2010
I agree Mr. Devajyoti Barman, better u engage a lawyer. virtually in such cases police keep the suspected person in confinement without making arresting. and perhaps same appears in your case. though without instituion of FIR such detention is offence but you know it is India. you can also make prayer before higer authority if your relative is innocent. higher police officials are more considerate. better you approach them with clean heart, without concealing any thing.
