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Pvt_RajKing (Private)     20 January 2015

Unnecessary arrest - any success strories

Hello,

As many of you know, the Supreme Court in https://indiankanoon.org/doc/2982624/   made a direction that no arrest must be made unless it is well reasoned and all supporting documents and information are submitted to the magistrate the magistrate also should not remand the accused etc. The court further directed that not complying with the above will result in contempt of court besides departmental disciplinary inquiry etc...

I currently have a case in which someone I know has been arrested 100% against the letter and the spirit of the above judgment and both police and magistrate did not do their duty to comply with the above supreme court judgment.  I am thinking of ways to file a contempt and possibly a disciplinary petition against the police and magistrate (optionally).

I was wondering if anyone has been successful in instituting such contempt case as per the judgment above. Your experience and success story will help me a lot!

Thanks



Learning

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