U/s 420,120,34
Jamuna yadav
(Querist) 18 March 2016
This query is : Resolved
DEAR SIR I NEED YOUR HELP I WAS MADE tortuous BY THE POLICE FROM LAST TWO YEARS NOW I AM COMING TO THE MY PROBLEMS.
A PERSON GAVE A COMPLAINT IN POLICE STATION CONCERN TO FORGERY,RELATED DISPUTED LAND ISSUE.POLICE CALL ME TOOK STATEMENT AND IN INVESTIGATION REPORT POLICE SAID NO OFFENCE MADE OUT TO FOLLOW ACTION OF 107/116.
THERE AFTER PERSON WENT TO COURT AND REGISTERED A COMPLAINT CASE AGAINST ME AND 5 OTHER U/S 406,420,34 I GOT SUMMON FROM THE COURT AND APPLIED ANTI-CIPERTY.BAIL SESSION COURT REJECTED THAT ,THERE AFTER WENT HIGH COURT,HIGH COURT GRANT MY A.B.BAIL.
THERE AFTER COMPLAINANT ONCE AGAIN LODGED FIR IN POLICE STATION FOR SAME INCIDENT THEN I APPLIED IN SESSION COURT AB BAIL KEPT ALL THE FACTS THAT I AM ALREADY ON BAIL FOR SAME CRIME BUT COURT SESSION COUR REJECTED AND AS WELL AS HIGH COURT REJECTED AFTER ALL THE FACT WERE KEPT BEFORE THE COURT.
3.THERE AFTER I WENT TO LOCAL COURT WHERE FIR COMPLAINT CASE WAS REGISTERED BY THE COMPLAINANT,AND REQUEST BEFORE THE COURT COURT ACCEPT MY REQUEST AND PASSED A ORDER IN WHICH COURT GAVE DIRECTIONS TO THE POLICE THAT BOTH INCIDENT ARE SAME AND ACCUSED ARE SAME SO REMARKS THESE THING THAT ACCUSED IS ALREADY GOT BAIL FROM THE HIGH COURT.PASSED ORDER IS ATTACHED.
THERE AFTER POLICE ARRESTED AND TORTURE ME AND PRESENT BEFORE THE LOCAL COURT THERE COURT RELEASED MY SAW THE ALL FACTS OF THE CASE.MY QUESTIONS ARE.
1.POLICE HAD POWER TO ARREST ME WHILE I WAS ALREADY ON BAIL.
2.WHAT ACTION I CAN TAKE AGAINST THE COMPLAINANT AND POLICE.
3.WHAT WILL HAPPEN IF I GO FOR 482 TO QUASH THE SECOND FIR IN SAME CASE.I AM ATTACHING SOME DOCUMENT CASE RELATED PLEASE GUIDE ME I AM NOT SATISFIED FROM LOCAL LAWYER THEY ARE NOT GIVING PROPER GUIDANCE PLEASE SIR HELP ME I WILL BE GREAT THANKFUL TO YOU.
4.I AM NOT WITNESS IN REGISTRY ANY ALSO NOT EXECUTE ANY DOCUMENT ABOUT THIS DISPUTED LAN.
5.AFTER TRIAL WILL I PROVE ACCUSED
Regards
Jamuna Yadav
rajagopal.s
(Expert) 18 March 2016
HI
Police committed a grave error by arresting you by filing the 2nd case (same subject matter, same parties) when the first suit is pending and you have been granted Anticipatory bail against any arrest.
You can file a contempt of court petition against the complainant and also file a case against police for filing false cases and arresting you.
You can also file a defamation case against the complainant.
You should apply to the district court or high court to quash the second case as there is already a case filed in the first instance in same court, under same charges.
Jamuna yadav
(Querist) 18 March 2016
Thank you very very much sir i fully satisfied from your advice god bliss you and all your family you gave me guidance
Devajyoti Barman
(Expert) 19 March 2016
Surely two case on the same incident can not be filed.
However for same offence tow criminal cases is possible one as police case after registering of FIR and another a complaint case u/s 2(d) /200 of crpc.
So on your case if that is the event then 2 cases will lie. But if 2 FIRs are there then the second would be quashed.
You can also haul up the police claiming compensation from state govt by filing writ petition as well.
Jamuna yadav
(Querist) 19 March 2016
Thank you for giving precious advice Thank you very very mych Sir
