Judicial custody -urgent
Sri
(Querist) 11 September 2014
This query is : Resolved
I have lodged a complaint against a tenant under 420 .magistrate granted judicial custody ,however I have come to know that the tenant managed the police and was not in judicial custody and was out till he was granted bail .now police are deliberately avoiding to investigate although I have all evidences .
Are there any records of judicial custody with the jail authority or is there there any way to ascertain that the court orders judicial custody were not violated ?
Dr J C Vashista
(Expert) 12 September 2014
Here you are wrong, once a person in judicial custody can be released from JC through a Release Warrant issued by Magistrate only, police has no authority and/or cannot manipulate and avoid arrest/sending the accused to jail.
Contact, consult and engage a local lawyer.
P. Venu
(Expert) 12 September 2014
You may seek the relevant information under the RTIc Act.
Sri
(Querist) 12 September 2014
Sir I am very sure that the tenant was out( staying in a hotel ) and no release warrant was issued .
I only want to know what documents i can get through RTI from jail authority to ascertain that the court orders were obeyed.
Devajyoti Barman
(Expert) 12 September 2014
Unless you have proof to show his unlawful release, your version is not going to be believed anywhere.
Anirudh
(Expert) 12 September 2014
Dear Sri,
You are stretching things too far. It will not be possible for you to establish through RTI that the person concerned was not in Judicial Custody. But if you have clinching documentary evidence (say video etc., with dated pictures) of the person staying in Hotel during the period. If you are simply basing your allegation on the basis of invoice issued by the Hotel, that again will not suffice.
So, once having lodged your complaint, and the court having taking cognizance and acted upon, just leave it at that.
Sri
(Querist) 12 September 2014
Sir the case has not proceeded since then (almost 7 months)Police are deliberately trying to avoid further investigation .The tenant has eloped with my furniture and gadgets worth 3 lakhs .
Please let me know if there is any way out experts through RTI
Thank u .
bhavya khanna
(Expert) 12 September 2014
Sri, please put together ur evidences and facts together, if they could stand will surely update. Mean while place a RTI seeking clarity and that would be strong evidence. The reasons to believe can't be treated as evidence, evidence is material proof which makes judgement to be delivered
bhavya khanna
(Expert) 12 September 2014
Sri, please put together ur evidences and facts together, if they could stand will surely update. Mean while place a RTI seeking clarity and that would be strong evidence. The reasons to believe can't be treated as evidence, evidence is material proof which makes judgement to be delivered
T. Kalaiselvan, Advocate
(Expert) 19 September 2014
First of all confirm if the judicial custody order was passed by the magistrate and subsequent to that whether he with the connivance of police was hiding or had taken anticipatory bail? Do not go by any hear say evidence.
