Guest
(Querist) 05 April 2010
This query is : Resolved
POLICE CUSTODY OF SAME ACCUSED IN SEVEN CRIMINAL CASES FILED IN SAME POLICE STATION.AND SEVEN STILL PENDING INVESTIGATION ACCUSED IN POLICE CUSTODY FOR MORE THAN 20 DAYS AND FURTHR CUSTODY PRAYED IN PENDING SEVEN CRIMINAL CASES.LEGAL,JUST AND PROPER ?
1.ACCUSED IS ARRESTED IN SEVEN CRIMINAL CASES UNDER SECTION 379 ,34 OF INDIAN PENAL CODE. 2.SAME POLICE STATION ARRESTED ACCUSED IN ONE CASE, THEN THE MOMENT ACCUSED WAS TAKEN IN MAGISTRATES CUSTODY ,POLICE MOVED TRANSFER APPLICATION IN ANOTHER PENDING CRIMINAL CASE IN SAME POLICE STATION.ACCUSED TRANSFERED TO JAIL AND AGAIN TAKEN IN TO CUSTODY BY POLICE IN THE MORNING AND DEMANDED POLICE CUSTODY OF ACCUSED IN SECOND CRIME AT SAME POLICE STATION.THE MOMENT ACCUSED WAS TAKEN IN TO MAGISTRATES CUSTODY .POLICE SUBMITED TRANSFER APPLICATION IN THIRD CRIME AT SAME POLICE STATION . 3 THIS PROCEDURE CONTINUED AND ACCUSED WAS TRANSFERED ALMOST SEVEN TIMES ONE AFTER ANOTHER IN SEVEN CRIMINAL CASES IN SAME POLICE STATION. 4.FURTHER POLICE ARE THREATENING ACCUSED AND HIS RELATIVES OF TRANSFERING THE SAME ACCUSED IN FURTHER SEVEN CASES.THE RELATIVES OF ACCUSED ARE HARASSED DUE TO ALMOST MORE THAN 20 DAYS POLICE CUSTODY OF SAME ACCUSED IN SEVEN CASES AND FURTHER REMAINING SEVEN CASES . IT IS A FACT THAT ONCE ANY CRIMINAL COMPLAINT IS FILED UNDER ANY SECTION OF I.P.C. SAY 379 , THE DATA IS KEPT ON COMPUTER AND THE MOMENT ANY INNOCENT PERSON IS ARRESTED MERELY ON THE BASIS OF DOUBT THEN ALL SUCH PENDING CRIMINAL CASES ARE DUMPED ON THE HEAD OF SAID ACCUSED AND PENDING INVESTIGATION FILES ARE CLOSED BY SENDING THE NAME OF SAME ACCUSED IN ALL SUCH PENDING CRIMINAL CASES BY SENDING REMAND APPLICATIONS TO COURT AND SENDING CHARGE SHEETS ON THE BASIS OF DOUBT. THIS IS THE WAY POLICE DEPT MISUSES THE LAW PROVISIONS AND NEED STRICT CONTROL BY JUDICIARY ,HUMAN RIGHTS ACTIVISTS AND LAW MAKERS PLEASE NOTE. 5.FOR REDUCING THE TENSION OF RELATIVES OF ACCUSED,I CONVINCED THE RELATIVES OF ACCUSED FOR LEGAL REMEDY AND NOW REMEDY OF APPROACHING DISTRICT AND SESSIONS COURT AND HIGH COURT IS SUGGESTED AND IS IN PROCESS.
I HAD EVEN EARLIER GOT ACQUITAL OF ONE ACCUSED IN ALMOST FIVE CASES UNDER SECTION 379 OF INDIAN PENAL CODE AS NOT A SINGLE CASE WAS PROVED.THE INNOCENT PERSON WAS LABLED AS ACCUSED AND WAS DUMPED IN JAIL FOR SEVERAL MONTHS AS POOR PERSON COULD NOT EVEN FURNISH SURETY FOR RELEASE ON BAIL.HENCE HIS TRIAL WAS EXPEDIATED AND I GOT HIM ACQUITED BY SINCERELY DEFENDING HIS CASE. 6 THIS IS FOR INFORMATION OF ALL LEGAL EXPERTS AND THE CONCERNED MEMBERS TO NOTE AND COMMENT PLEASE.
THE NEGLECTED INNOCENT PERSONS NEED URGENT ATTENTION OF LAW MAKERS AND JUDICIARY ,LEGAL EXPERTS AND ALL CONCERNED.PLEASE NOTE AND COMMENT IN THE INTEREST OF JUSTICE.
PALNITKAR V.V.
(Expert) 05 April 2010
The practice is certainly condemned. The matter should be taken to HC in writ. Mr. Sawant you can do it since you are in Mumbai.
M Ravinder Babu Advocate Parka
(Expert) 05 April 2010
PLEASE REFER TUPAKULA APPARAO VS STATE OF AP YOUR PROBLEM WILL SOLVED
B.B.R.Goud.
(Expert) 11 April 2010
i agree with Mr Ravinder...
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