Legal Question in Criminal Law in India

A case is filed against me under section 363, 366a, 376 etc. in year 2003 by the mother of a girl, as per the school leaving certificate she is 16 years 3 months old, there is no any registration of birth in govt. medical certificate state that she is of 22 years and further girls made affidavit as well as given statement before police officer that no body has abducted, enticed away or made a rape with her in year of 2003 and 2010 also. however police officer want to arrest me at present, even the girl has denied for medical examination stated that when no any kind of such incidence with happened with her, so there is no need for medical examination, in this situation what to do ? whether a police officer can arrest me ?


Asked on 1/02/11, 4:34 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

if the FIR has been registered, the police officer has no choice but to arrest the accused and then investigate. Your best bet is to apply for the anticipatory bail on the basis of affidavit of the girl and get your self bailed out. Thereafter you may file for quashing of FIR before the High Court unless the investigating officer decides to file closure report.

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Answered on 1/02/11, 4:39 am


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