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HARISH PARMAR (Senior manager )     14 October 2024

ILLEGAL ARREST

Good morning to all experts,

I seek your guidance regarding an unlawful detention experience. On [date], I was detained by the police at 17:00 without receiving any summons or FIR. They produced me in court the following day, and although I was granted bail, I incurred significant financial losses.

Upon reviewing the FIR, I noticed discrepancies. The FIR was registered at 9:00 AM on the same day, allegedly for incidents occurring in the morning. However, the police included instances that took place at 16:00 in the evening. This raises serious questions about the legitimacy of my arrest.

Please advise me on:

1. Legal recourse for unlawful detention.
2. Challenging the FIR's discrepancies.
3. Seeking compensation for financial losses.


Learning

 4 Replies

Dr. J C Vashista (Advocate )     14 October 2024

What are the allegations levelled in the complaint / FIR has not been mentioned by you, accordingly proper opinion cannot be formed to oblige. 

Whether you are already acquitted of the charges framed by the Court and trial court has delivered verdict in your favour ?

Since you are stated to have been granted bail (presumably through some lawyer) what is his / her opinion and advise on the issue ? Why do you need second opinion of experts on this platform ?

HARISH PARMAR (Senior manager )     16 October 2024

Respected sirs, I hired a lawyer who initially charged only for bail services. However, I've since incurred more expenses than another accused. I approached the High Court under Section 482, but my advocate withdrew the writ petition after the CBI assured the court they would submit the chargesheet within a month.

More than two months have passed, and according to media reports, the CBI has submitted the chargesheet. Nevertheless, the Investigating Officer (IO) remains unresponsive, the court registry is uncooperative, and my RTI application regarding the chargesheet submission date was rejected.

Dr. J C Vashista (Advocate )     17 October 2024

Replace your lawyer if you are dissatisfied with him/her.

1 Like

T. Kalaiselvan, Advocate (Advocate)     19 October 2024

For illegal detention: You can file a civil suit to recover damages. If the court finds the detention to be illegal, it can order the immediate release of the detainee. The court may also recommend compensation or the initiation of prosecution.

If your advocate is not cooperating then you may better change him and choose another 

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