Power of arrest
Anmol
(Querist) 11 July 2016
This query is : Resolved
Under crpc 41, 41a , 41b , can police arrest for a complaint without any inquiry for a complaint which is frivilous and false , as a theft has been reported after 3 months and complaint has been put up .
Briefly
My friend was arrested by such a false complaint stating three months ago a theft occurred for which the complainant got to know now after three months . My friend approached the police station to join inquiry and was arrested without any inquiry on such a false complaint and FIR was registered u/s 420 , 381 . Was crpc 41 , 41a ,41b voilated , if yes what can be done now . The person is out on bail as the magistrate himself pointed why is complainant reporting after three months and how complainant is sure about who is the accused .
Devajyoti Barman
(Expert) 12 July 2016
Since he is enlarged on bail , he can breath freely.
Let the police complete investigation. if it ends with submission of charge sheet then go for quashing.
Rajendra K Goyal
(Expert) 12 July 2016
Your friend has to defend himself in the court. Engage some senior lawyer and proceed.
