Suggetion
Ramakrushna Padhy
(Querist) 26 February 2013
This query is : Resolved
Respected seniors and members,
please suggest me,
one of my client, who is imprisoned for 2 year and 3 month,during the imprisonment police has charged the false case against him under section 120/b,he has charged 33 case by intention of police,he got bail of all case from H.C,and he released by bail after 2year 3 month,when he came out from jail immediately piked up by police from jail gate with out intimation of his family member and advocate also they don't telling where about he is, but he is no more cases against him,
police piked up him by intentionally, so please kindly suggest me what kind legal step should take against police, and how to protect my client, provide a petition letter against police regarding this matter,
yours faith fully
R.K.Padhy(Advocate)
practitioner
Devajyoti Barman
(Expert) 27 February 2013
File a case of habeus coprus if he is detailed without any formality.
Raj Kumar Makkad
(Expert) 01 March 2013
If whereabouts of your client are not known then habeas corpus petition shall not work rather you need to file a petition under section 226 & 227 of constitution before high court to direct higher police officials to lodge cases against all such erring police officials who are suspected behind such criminal act and arrest them and investigate the matter accordingly.
Sudhir Kumar, Advocate
(Expert) 25 January 2014
that no remedy is there against your client in the hands of allotee without endangering his own career.
This Govt servant is totally helpless and has given enough evidence to your client.
Misuse of Govt servant is violation of code of conduct subject to disciplinary action if reported to the department. In addition this Govt servant will also be paying penal rent from the date of allotment.
Your client can hold this person to his nerves and need not vacate.
He should rather give a police complaint regarding cutting electricity.
Police has no jurisdiction to get the house vacated alothough illegally let out. Such action can be possible under under Public Premises (Eviction of unauthrised occupants) Act.
Please read this act
You are legal adviser
Guest
(Expert) 25 January 2014
Sudhir,
Probably, you have posted the last answer to some other question of the author through an oversight. His question does not relate to eviction from a rented Government quarter from some employee.
Guest
(Expert) 25 January 2014
Sudhir,
Probably, you have posted the last answer to some other question of the author through an oversight. His question does not relate to eviction from a rented Government quarter from some employee.
