Legal Question in Criminal Law in India

arrest by the I.O. after registration of FIR

As per apex court judgement in Joginder Kr /s State of UP and Ors. it is not compulsry that the IO must arrest the accused persons immediately after the FIR is registered . The Apex Court has also laid down parameters under which arrest or arrest may not take place. But in the State of UP, the policemen come and threaten arrest even after being told that under the parameters laid down by the Apex Court, arrest is not warranted, bu the accused is ready to cooperate and answer all questions and provide all evidence in support of his contentions . But they do listen and categorise the crime under one of the listed categories somehow and arrest , stating that youcan challenge the arrest and seek bail . What can be done under these bizarre circumstances where the liberty of a perso comes for a price .


Asked on 6/14/09, 4:36 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: arrest by the I.O. after registration of FIR

Your only remedy may be to seek bail.

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Answered on 6/14/09, 1:37 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: arrest by the I.O. after registration of FIR

you can complain to the court and higher authorities or where it is possible go for anticipatory bail to avoid arrest.

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Answered on 6/15/09, 1:30 am
Shrichand Nahar S.V.Nahar, Advocate

Re: arrest by the I.O. after registration of FIR

Consider approaching high court or supreme court in public interest.

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Answered on 6/15/09, 2:23 am
Pranav Desai PD Legal & Associates

Re: arrest by the I.O. after registration of FIR

Approach the high court with writ petition. However, prior to this seek bail and get a release order. Further, you can also approach Human Rights Commissioner for the arbitrary act of the Police Department.

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Answered on 6/16/09, 7:45 am


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