Without information to relatives or frinds sho arrested ipc 498(a),506,dp act 4
GANGAM.RAJENDER.
(Querist) 14 April 2013
This query is : Resolved
in ipc 498(a),506,dp act of 4 S.H.O arrested A1 in the above case.but s.h.o did not inform about the arrest of A1 to any one of relatives or friends. but SHO PREPARED U/S 50(A) CRPC notice ,in that notice he mentioned the relative name(L.GNAGADHAR)BUT IN THAT NOTICE GANGADAHAR has NOT SIGNED.but in that notice another person has signed(not gangadhar).SHO CREATED A FORGED NOTICE U/S 50(a),CAN I TAKE ANY LEGAL STEPS AGAINST SHO.SHO ill INTENTIONALLY lodged FIR.PLS PRESENT WHAT STEPS SHALL I FOLLOW? PLS GIVE ME SUGGESTION SIR.
Devajyoti Barman
(Expert) 14 April 2013
Yes, do lodge complaint with higher authority of Police.
You can go for Writ to challenge the notice u/s 50 A.
Raj Kumar Makkad
(Expert) 15 April 2013
The SHO has illegally performed his action. No person can be got arrested without informing to his either of the relatives about the proposed arrest and reason of the arrest. The signature of that particular relative are must to be obtained on the Memo of Arrest. Hon'ble Supreme Court of India has clearly help that compliance of such provision is mandatory violation of which shall gives a cause of action to the affected person to initiate strong action against such police officer.
This shall be treated an illegal confinement and police officer shall have to face its consequences.
File criminal complaint in the court as well as a complaint to the departmental authorities.
