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Parents kept in police station 5days by in laws and ci

Page no : 2

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 August 2014

Thank for correction.

 

Another small correction is - Darwin was "naturalist" not "biologist".

Sudhir Kumar, Advocate (Advocate)     08 August 2014

Originally posted by : Rocky Smith

Mr. Srinivas,

 

Please follow Section 24 of Indian Evidence Act 1872.


 

 24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.-A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise 1* having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds, which would appear to him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.

 

So whatever you and your parents have written and signed forcefully are not a evidence as per above.

Please file Writ Petition (Article 226) in High Court by making party of State, wife & in-laws and state all circumstantial evidences (List of Dates and Events) with valid copies of documentary evidence and arguments you have. Please do It in-person(Without Advocate) and prey for your parent's quashing and prey for giving direction to the State to take appropriate action against them.

 

Sample petitions and in-person filing tips are in my link bellow. Please let me know if you have any question for filling in-person?

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Agreed about rule position. Most relevant in this case.

 

You may contest in person (as advised) if you feel you can

1 Like

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     09 August 2014

It is very unfortunate story .but u have option to file complain petition before HMR commission against police person . at the same time writ petition before high Court under art 226 may give you fruit full result.

in this regard I like to state you that no confession in police custody is valueable proof against you and your other famioy member in this case 

Srinivas (.)     09 August 2014

Hi Rocky sir, Please provide the sample 'Writ Petition (Article 226) " copy draft. Thanks for ur time..

Sudhir Kumar, Advocate (Advocate)     09 August 2014

a standard trick adopted by police for the last 150 years to compel apperance of wanted accused.

 

But not legal way.

 

You told that only you are accused not parents. Thou not named but police can arrest (not illegally detain) them if their conduct appears culpable.  But the conduct of police indicates that they were not wanted but merely harassed.

 

You can have the said cops in multiple cases  if you are able to prove that (i) they were detailed (ii) they were detained beyond 24 hours without being produced.

 

The scope of WP Mandamus (calling public officer to do his duty) arises when you make a complaint against them to any public authority(s) and the said authority omits to take action.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     09 August 2014

Srinivas (.)     16 August 2014

Hi All, Thanks for quick advises and time.

1) I want to file case on inlaws and elders in our local police station, Please advise what sections applicalbe to prepare FIR?

2) I have all xerox copies of what they written on paper. Please advise wheather  these copies are sufficient to file FIR? all orignals are with them only.

3) Is sec.307,506,420 are applicable to case? Please advise.

Thanks to all and ur time.

sankar P (supervisor)     16 August 2014

Required valuable suggestion sir..

Srinivas (.)     16 August 2014

Hi All, Thanks for quick advises and time.

1) I want to file case on inlaws and elders in our local police station, Please advise what sections applicalbe to prepare FIR?

2) I have all xerox copies of what they written on paper. Please advise wheather  these copies are sufficient to file FIR? all orignals are with them only.

3) Is sec.307,506,420 are applicable to case? Please advise.

Thanks to all and ur time.

Sudhir Kumar, Advocate (Advocate)     16 August 2014

first let the current case decided in your favour.

Srinivas (.)     16 August 2014

Hi Rocky (GOD), Please advise me on above query and am waiting for ur reply...Thank you very much for ur assistance.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 August 2014

383 IPC. Extortion.
 

420 IPC Cheating.

464 IPC Making a false document
463 IPC Forgery 

406 IPC Criminal Breach of Trust.


506 IPC. Ciminal Intimidation.


34 IPC. Common Intention of Crime.

 

Please lodge FIR on their (in-laws) police station.


 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 August 2014

I am not GOD. You are my friend.

If every body comes forward then only this "Legal Terrorism" will wash way.

Good Luck!

Srinivas (.)     16 August 2014

Hi Rocky (GOD), Thank you very much for ur quick response and time.. 

Srinivas (.)     21 August 2014

Hi Rocky (GOD), if police not agreeing to File FIR ,Shall I file Private complaint in Court? If so what is the procedure to file complaint in court? How many days it will take to arrest accused ? Evidences also should be present in court ? Please advise.Thanks for ur time.


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