Querist :
Anonymous
(Querist) 12 December 2011
This query is : Resolved
Hi,
There was no case booked but the police have arrested and detained me in a fake 498A. I mean there is no FIR. No signatures taken from me by police. All of this happened a year ago. There is no response for my RTI applications even after first appeal to the SP police. I had written to the HRC and they say that there are no grounds to intervene. I had sent a complaint to SP police but no response. Kindly go through my case as described in the attachment and suggest possible remedies. I have been getting varied responses from lawyers on this matter. Regards
Nadeem Qureshi
(Expert) 12 December 2011
feel free to call, you could filed writ before SC if the fact was real. feel free to call
Shonee Kapoor
(Expert) 12 December 2011
Yes, it could be a fit case to file WRIT.
But what proofs you have of your arrest and detention?
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 12 December 2011
Proofs I have: General Diary entry from local police station that the police personal of the PS complaint lodged had to my place for an enquiry on the said date, it is supposed to be an arrest entry but the police had managed to change it to enquiry. First thing is they had come all the way 400 Kms with out an FIR, that they have not even made any entries in the general dairy of their PS about this case. The police had actually told my father in law that I'm asking them for information through RTI and that they do not have any and that I can file a case against them. My father in law had been pressuring my relatives to put pressure on me to take back my RTI application which explicitly asks for GD entries and copy of FIR. Also I have a copy of the train ticket of my fathers travel to that place and a lodge receipt in which he stayed on that day who was under going treatment during that time for multiple ailments
Querist :
Anonymous
(Querist) 12 December 2011
There are people to give witness. Evidences show that they have not followed the due process in handling this case, that the police have not been responding to my RTI applications clearly prove beyond doubt that there is something fishy about their acts.
Raj Kumar Makkad
(Expert) 13 December 2011
Though the given evidence is not up to mark and seems not sufficient even then this is sufficient for going in writ. You engage a lawyer of high court who can do this for you.
prabhakar singh
(Expert) 14 December 2011
agree with Expert : raj kumar makkad
Querist :
Anonymous
(Querist) 14 December 2011
Sir,
thanks for your responses so far, but could someone suggest what else could be there as evidence in an illegal arrest and detention. Will witness help in these matters
Regards
Guest
(Expert) 14 December 2011
Errant police party should not be spared for undue and unwarranted harassment.
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