FIR was filed in 2022 againt Uknown by taking order under 156(3). In 156(3) names of 2 suspects were given by F.I but he filed FIR against unknown , reasons best known to him. Investigation is still going on. The io made 3 more accused during investigation at behest of F.I. All the 5 cooperated in investigation till date and 2 got ABA in 2023/2024. But in 2025, IO arrested one person (who was named in 156(3) ) who coopearted till date and while arresting the arrest memo was given where BNS sections were mentioned although reference was given in same old FIR only (of 2022). Since person is arrested, he was in police custoday and now in J.C, so wamt to secure bail now. the question is whether IO followed procedure in issuing arrest memo under BNS to him and can be use this lapse in argument for bail. Also IO used some grave sections in arrest memo which are as per BNS and not in IPC. IO is working at behest of F.I since last 3 yeasr. Can we use this procedural lapse to complain agaiinst him & also to change IO
Sir, this is a genuine query and i am not a student or it is a moot court query. If u share your email, i can send ther FIR and other papers as well . Sorry for any trouble i am giving
