Fake arrest
Ramesh Bolla
(Querist) 26 February 2013
This query is : Resolved
This is a case of fake 498A and DV.
In Nov 2010 Police had made a fake arrest ( Arrest never Shown) . Was detained in the PS for 3 days under a fake 498A Case where in no case is booked and not even an FIR. Entries were made in the local police station with respect to the arrest of the accused before taking him to the PS in which the so called complaint was registered. Entries made in the local police station with respect to the arrest have been manipulated and changed to as “police personnel from the PS in which complaint had been registered had travelled to the concerned PS to conduct an enquiry about the accused in CR NO ..... of 2010 u/s 498A”. The accused later on had obtained a copy of the above General Diary entry. He had also asked the police personnel of the PS in which the compliant was booked for details pertaining to the arrest. Police have not responded and when the matter was submitted to the information commission, the police had sent a reply stating that there is no 498A and it was a DV case so there is no information that can be supplied and hence the claim of arrest is far from truth. Now there are different entries made in different police stations with respect to the same matter.
So my question is how to prove that the Police have given false information and how to take the matter further with respect to the fake arrest?
Rajeev Kumar
(Expert) 26 February 2013
File a writ petition in HC.
Ramesh Bolla
(Querist) 26 February 2013
Thanks for the reply,
but this issue happened in 2010, can a writ be filed now. Although The RTI matter is ongoing and not yet finalized by the information commision
Devajyoti Barman
(Expert) 27 February 2013
No Writ, file Quashing Petition for which no time limit is there.
ajay sethi
(Expert) 27 February 2013
agree with experts
Ramesh Bolla
(Querist) 27 February 2013
Thank you, but my question is what action can be taken against the errant Police?
Regards.
Ramesh Bolla
(Querist) 27 February 2013
Just to let you know, I had sent a complaint to the SP police in 2011 but no action taken against the police, so will that help me to file writ as no action taken against my complaint?
Regards.
Devajyoti Barman
(Expert) 27 February 2013
For action the police you have to file writ petition as suggested earlier.
Raj Kumar Makkad
(Expert) 01 March 2013
The complaint made to SP shall also be one of the grounds of your writ.
