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Sant kumar gupta (properietor)     03 November 2010

police not arresting the accused

respected sir,  i had lodged an fir under section 420,352,504,506,the accused went to the honourable high court for his arrest stay...the honourable court has dissmissed his stay application,i had sreved this copy in the police station,but the police has not arrested the accused till now....what can i do sir,,plz guide me....



Learning

 5 Replies


(Guest)

YOU MAY KINDLY SEND A COPY OF HIGH COURT ORDER AND ALSO COPY OF F.I.R. TO THE DIST SUPDT OF POLICE BY REGISTERED POST A.D.OR SPEED POST A.D. AND PRAY FOR ACTION.YOUR PURPOSE WILL BE SERVED.IN CASE NO ACTION TAKEN THEN YOU MAY FILE A PRIVATE COMPLAINT IN THE CHIEF JUDICIAL MAGISTRATES COURT.GOOD LUCK.

2 Like

Govardhanan (Advocate)     03 November 2010

rightly stated by mr.nandkumar. Apart from intimating to superintendent of police or filing a private complaint,

(1) you can also file a petition under section 482 cr.p.c for change of investigating agency, provided you can substantiate that the agency which investigates your case acts with malafide, lethargic, lackadaisical.

(2) in addition, You can also seek the information under right to information Act as to why accused persons have not yet been arrested inspite of dismissal of anticipatory bail applications. (though may not be termed as a remedy as sought for by you, but it works out most of the time)



(Guest)

Ya its correct guidance. Keep it up

Viswanath (Student)     21 November 2010

you may seek your lawyer's advice for filing a writ of mandamus under Art.226 of the Constitution praying the Hon'ble High Court to direct the state (police) to arrest the accused

Viswanath (Student)     21 November 2010

you may seek your lawyer's advice to file a writ of mandamus before the Honourable High Court under Art.226 of the Constitution praying for the Court to direct the state(police) to arrest the accused.


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