Warrant issued
J.C.Mishra
(Querist) 25 January 2012
This query is : Resolved
A complain case was registered before the magistrate against four accused persons. The names of first three accused person was correct but the name of the fourth accused was wrong though the father of the fourth accused was right. Summons were issued to four but only three were accepted and not the fourth because the person belonging to such name do not exist. Now warrant has been issued against the fourth accused and now the police is threatening another person to arrest whose father name resembles the name of father of fourth accused.
what can be done to avoid the arrest of that person? Can any petition be moved in the court of same magistrate who has issued the warrant to avoid the arrest of the innocent person. If yes under which section it can be moved?
ajay sethi
(Expert) 25 January 2012
draw attention of the court to the fact that name of fourth accused has been worngly mentioned .
Shonee Kapoor
(Expert) 25 January 2012
I think you are from the side of accused. You should move a petition for Anticipatory Bail of the fourth accused.
Because, even if you are able to avoid arrest based on this technicality right now, the demon would still be on your head when the prosecution moves an application for correction of name.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
J.C.Mishra
(Querist) 25 January 2012
Is correction of name is possible in a complain case? It is not a case registered at police station. It is a case registered before the magistrate and cognizance has been taken(no involvement of investigating authority or police). Can a complain case be amended?
Rajesh kumar singh
(Expert) 27 January 2012
In complaint case court can modify his order on application of prosecution or accused side.
Advocate. Arunagiri
(Expert) 27 January 2012
If there is no such person, the warrant is issued can not be executed. the similar named person, can give a letter to the police. The matter will get solved.
This fact can be brought before the court. The court will remove the accused from the case, after proper enquiry.
A. A. JOSE
(Expert) 28 January 2012
I agree with the views of Mr.Arunagiri that it would be proper to move the court concerned immediately bringing out the facts.
sibasish pattanayak
(Expert) 29 January 2012
mr.J.C.Mishra,
as per your information the name of fourth accused is not tallied with the name of any SON OF THAT PERSON WHOSE NAME RESEMBLES IN THE PROCESS OF W/A IN THE SAID LOCALITY, BUT POLICE IS NOT EMPOWER TO INSIST/ PRESSURE TO SURRENDER OR OTHERWISE. IF POLICE CONDUTED RAID AT THE HOUSE OF THE WARRANTEE IN that case firstly that person lodge a complaint against the police with the superior authority and then have TO FILE A WRIT PETITION AGAINST THE POLICE BEFORE THE HONOURABLE HIGH COURT, WHERE THE CONSTITUTIONAL RIGHT IS RESERVED.
Regards,
Sibasish Pattanayak , Advocate.
09874854594 / 09477090999. / 09231668664.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 January 2012
