Legal Question in Criminal Law in India

In a crowded business area , the police register an F.I.R. that 4 people came to office OF A BUSINESS MAN at 11.30 pm ,impersonating income tax officers ;that he doubted their bonafides; that at the relevent time , 4 customers along with 4 office staff were present in office; that they is a close circuit camera in his office; that the entrance door is only opened by pressing a remote button after verifying the identity of the visitor and the F.I.R. is dictated to police by his advocate; that he signed the F.I.R. without knowing the contents and nobody explained the contents of the F.I.R. to him since , he can read and write only gujrati language; that the F.I.R. is written in marathi;; that two persons fighting a mob a bout 1 km away were arrested by the police for the above offence at 12 noon, though the complainant says that he identified the 4 persons who had come to his office, at the police station (this is not brought on record by police in the F.I.R. ); that the advocate of the complainant has says that he has NOT dictated the F.I.R and his statement was never recorded by police as he was not present at time of alleged incident,.; that prosecution witnesses say that the 4 persons came at 11.30 am and were in the office for 1 to 1.5 hours ; that the records of the close circuit camera were not brought on record by the police at the time of the trial; that the 4 customers in the office were not brought on record by prosecution; that the police never went to the scene of the crime for verification of the incident, etc; in this case IS the arrest of the two persons arrested at 12 noon without inquiring into the reasons for the fight proper and valid ?


Asked on 5/20/11, 1:48 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Arrest is made on suspicion. During the trial, question of arrest becomes inconsequential. At trial, court has to appreciate evidence and decide whether any offence has been committed or not and by whom.

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Answered on 5/29/11, 10:12 pm


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