Sonu (Software Engineer) 18 October 2013

Police kept me @ station for 3days by not taking me to court

Hi All,

I request you all to read the below info and provide your valuable answers. Thanks in advance.

Hyderabad Police Commissioner M.V Krihna Rao in 2002 sent a memo to all police stations in Andhra Pradesh saying "arrest of any accused in 498A case shall be effected only after obtaining the written permission from D.C.P" (And also in 2008 Director General of Police K.V Ramana Murthy in 2008 also sent similar memo to all police stations in AP).

I have few questions on above statements:
1) Is the above statement is still valid in all areas of Andhra Pradesh or this is applicable only for Hyderabad police stations?

2) I was arrested in May 2003 on 498A FIR without any investigation. Can I file any case against that Circle Inspector who arrested me without investigation?

3) I heard that, after arresting any person, police should not put him in police station for more than 24 hours (even if it is holiday for court).
I was behind bars in police station from Friday evening to Monday after noon and CI didn't take me to court as we were expecting my wife comes and withdraw the FIR. As expected she withdrew the FIR.

But is it correct to keep me in station for 3 days without taking me to the court or to the judge home (if it is holiday to the court)? Can I file any case against circle inspector?

4) My Sister and Brother-in-law names mentioned in FIR initially but later their names were removed from FIR. But CI kept my brother-in-law in police station (not behind bars) from Friday evening till Saturday morning. This was recorded in police station book also.

My question is...if my brother-in-law name is not there in FIR then is it not an offense to keep him in station for the whole night?

5) Can I or my jiju file any case against this?

Reply Follow

22 Replies

NRI Legal Consulting (Consultant) 18 October 2013

yes you can file a case against this.

For more query contact us query@nrilegalconsulting.com

Kundan Kr. Singh (Advocate) 18 October 2013

You can file criminal complaint against concern I.O For illegal confinement.They have infringe your fundamental right and violate Hon,ble Supreme court order.

You can move application before National Humane Right Commission also.

Kolla V. Raman (Founder Chairman of Global Lgal Services) 18 October 2013

What you stated is true you file complaint before State Human Rights Commission and claim compensation.

Danny R. Hira (Chairman) 18 October 2013

You must retaliate, for unjustice, first give your full greivance contact your dcp zone, and upper police, these days it's easy to complain even via nett.

dont get scared, now you will be more bold how to face the future problem. best wishes. we are with you

T. Kalaiselvan, Advocate (Advocate) 18 October 2013

Do not go to Police with a complaint against Police. Better draft a strong complaint and approach the State Human Rights Commission. Dont withdraw the matter until the wrong police are punished. The SHRC are very effective these days in handling the cases and they act swiftly in punishing the erring officials however big they may be. Go ahead, all the best.

1 Like

ashoksrivastava (scientist) 19 October 2013

@ querist was the court closed on your days of detention? regards ASHOK

Sonu (Software Engineer) 19 October 2013

Hi Ashoksrivastava,

Police kept me in station for 3 days (from Friday evening to Monday evening).

My wife withdrawn the case on Friday evening, so police took the written statement from my wife.

My wife has given the written statement by mentioning that she had given the false FIR because she was angry at that time.

So police submitted FIR and written statement from my wife to the court and court has dismissed the case. (Police didn't ask me to come to court as I suppose to travel to USA on that weekend.)

This is the brief info about my case. Please let me know if more details required. Thanks in advance.

ashoksrivastava (scientist) 20 October 2013

@ sonu I second adv kalaiselvan's advice to go to SHRC.But check your facts before that I think it must have been a second Saturday. Was any arrest memo prepared? regards ASHOK

Sonu (Software Engineer) 20 October 2013

Hi Ashok,

Yes it was second Saturday.

Is it a court holiday on Second Saturdays?

If it is a holiday to the court then police should produce me in front of the judge at judge home or not?

Once again thanks in advance for your valuable answers.

ashoksrivastava (scientist) 20 October 2013

Originally posted by : Sonu

Hi Ashok,

Yes it was second Saturday.

Is it a court holiday on Second Saturdays?

If it is a holiday to the court then police should produce me in front of the judge at judge home or not?

Once again thanks in advance for your valuable answers.

@Sonu second saturday is court holiday.

Anyway were you officially arrested or illegally detained?

regards

ASHOK

Reformist !!! (Other) 21 October 2013

Buddy, it happened 10 years back in 2003. Read CrPC 468, u cannot file a case after such a long duration. You have to answer y there is so much delay in filing the case ?

Sonu (Software Engineer) 21 October 2013

Hi 498Weddinggift and all others,

I am really sorry. It was a typo error. It was not happened in 2003. It happened in 2013 May.

Request you to read it as 2013 and provide your valuable answers. Thanks in advance.

ashoksrivastava (scientist) 21 October 2013

@ sonu I think neither they will accept nor you will be able to prove that you were arrested till you have arrest memo.So since courts go strictly by proof, better approach HRC regards ASHOK

Sonu (Software Engineer) 21 October 2013

Hi Ashok,

Is it a court holiday on Second Saturdays?

If police arrest anybody on Second Saturday then they should produce the arrested person in front of the judge at judge's home with in 24 hours of arrest or not?