Whether the arrest by police was for false complaint of alleged non-cognizable offence?
Sadanand B. Panchal
(Querist) 28 September 2012
This query is : Resolved
Respected Experts,
This is a real story of the day 12-03-2008. I did not committed any offence but the Police came and arrested me and after arrest brought me before Hon'ble Metropolitan Magistrate Court. I was released after a Bail of Rs. 5000/-. The F.I.R. shows alleged offenses under Sections 504,509,506 and 34 of the Indian Penal Code.
Sect.504,509 are non-cognizable whereas Section 506 Part (II) is cognizable.
F.I. R. contains Section 506 without mentioning which pert I or II.
Thereafter on 27-07-2008 Police filed charge sheet where Section 506(II) shown.
Is this an after thought? Please explain me whether the Police initially arrested me for non-cognizable offense and thereafter introduced the Section 506(II)in the charge sheet?
Can I file Petition for Quashing of F.I.R.?
Regards,
Sadanand B.Panchal
Kundan Kr. Singh
(Expert) 28 September 2012
Mr.panchal Don,t worry. FAlse statement is always false.chargesheet filed by prosecution pls wait the proceeding.
Rajeev Kumar
(Expert) 28 September 2012
The police can arrest any person without warrant soon after the complaint is filed in a cognizable and non-bailable offence if any of the IPC section is in above category together with other bailbable section. Don't worry, false cases is always false. Go for quashing if the there is no primafacie evidence against you.
Sadanand B. Panchal
(Querist) 29 September 2012
Respected Experts Shri Kundan Kr.Singh and Shri Rajeev Kumar,
Thanks for your advice.But this query is not resolved in my view.My query does not relates to true or false case.My query is about Powers of Police to act upon particular offense i.e. upon non-cognizable offense.As per Section 154 of Cr.P.C.Police has a power to take action upon the accused who committed cognizable offense. As per Section 155 of the Cr.P.C. Police has no power to act upon the accused who committed non-cognizable offense without permission of Hon'ble Metropolitan Magistrate Court.
My query was if in the F.I.R. with Section 506 without showing part I or part II whether it can be treated as only Section 506 part I? Because subsequently after filing charge sheet the Police inserted section 506 part II.
Section 506 part I ---Non-cognizable
Section 506 part II---Cognizable
Regards,
Sadanand B. Panchal
Sadanand B. Panchal
(Querist) 29 September 2012
Respected Experts,
I am sorry. I was supposed Section 509 as non-cognizable. You are extremely right.Thank You.My query is resolved.
Regards,
Sadanand B. Panchal
