Vijay Kumar (Advocate) 07 October 2015
A Police Inspector conducted raid outside his District without intimating the local police.
Accused party resisted the arrest smelling foulplay.
Raiding police party complained the local police; but no action was taken.
Then, a private person moved application and got the FIR lodged u/s 353 IPC.
Whether it furnishes a ground to urge the court to not to take cognizance and discharge the accused?
adv.raghavan (Advocate,9444674980) 09 October 2015
Going by your version, apart from glaring violations by the investigating agency, the basic ingredients for section 353 ipc are not made out. so you can try for discharge, or quash.
SAINATH DEVALLA (LEGAL CONSULTANT) 09 October 2015
I sail with the views of Adv Raghavan
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