COGNIZABLE AND NON-COGNIZABLE CASES AND POWER OF POLICE

No in all cases of cognisable offences police need to arrest the accused. The arrest of any person is necessary only

a. when the offence is of very much serious nature like rape, murder etc.

b. When investigating officer has apprehension that the accused is likely to run away during the time of investigation or is likely to influence the witness and so for the purpose of fair investigation, accused should be arrested.

C. When accused isnot coopearting in proper manner for the purpose of invistigation in such cases , he can arrest the accused.

Hon'ble supreme court has given its rulling that in all cases of cognisable offences , arrest of the accused is not necessary.

I hope this may satisfy to u r querry. In case if u still wish to know further in relation to above than please feel free to send me email at my email add ramesh_chheda@yahoo.co.uk

Adv Ramesh Chheda (Mumbai)

No in all cases of cognisable offences police need to arrest the accused. The arrest of any person is necessary only

a. when the offence is of very much serious nature like rape, murder etc.

b. When investigating officer has apprehension that the accused is likely to run away during the time of investigation or is likely to influence the witness and so for the purpose of fair investigation, accused should be arrested.

C. When accused isnot coopearting in proper manner for the purpose of invistigation in such cases , he can arrest the accused.

Hon'ble supreme court has given its rulling that in all cases of cognisable offences , arrest of the accused is not necessary.

I hope this may satisfy to u r querry. In case if u still wish to know further in relation to above than please feel free to send me email at my email add ramesh_chheda@yahoo.co.uk

Adv Ramesh Chheda (Mumbai)

Yes, Police can arrest you in any  cognizable case. Though the power of arrest should be invoked cautiously and not without the reasonable ground, there is little scope you would get the favour or justice if the case is in hands of a corrupt officer. In the instant case, police will arrest you to recover the properties lying with you. the best way is that you should obtain a civil injunction over the goods so that it is not seized by the police or not taken away by the OP forcibly. The police case will automatically then become a case of civil litigation and you can get relief. You can adopt other civil measures to recover the dues.

Yes, Police can arrest you in any  cognizable case. Though the power of arrest should be invoked cautiously and not without the reasonable grounds, there is little scope you would get the favour or justice from the police if the case is in hands of a corrupt officer. In the instant case, police will arrest you to recover the properties lying with you. the best way is that you should obtain a civil injunction over the goods so that it is not seized by the police or not taken away by the OP forcibly. The police case will automatically then become a case of civil litigation and you can get relief. You can adopt other civil measures to recover the dues.

Yes, Police can arrest you in any  cognizable case. Though the power of arrest should be invoked cautiously and not without the reasonable grounds, there is little scope you would get the favour or justice from the police if the case is in hands of a corrupt officer. In the instant case, police will arrest you to recover the properties lying with you. the best way is that you should obtain a civil injunction over the goods so that it is not seized by the police or not taken away by the OP forcibly. The police case will automatically then become a case of civil litigation and you can get relief. You can adopt other civil measures to recover the dues.

Police  are given wide powers of arrest   in any  cognizable case. Whereas in your case, I agree with the suggesstion of R.Shiva Subramaniam Sir.

The facts are not so clearly described as to think whether the rights of bailee under Contral ASct come to your rescue.  Given facts are also not clear enough to show if any criminal act has been committed against your company.