Legal Question in Criminal Law in India

indiscriminate arrest

Hi,

498a

Dec 28 2007: arrested me mother and father by visakhapatnam police in Blore along with their henchman and taken to Visakhapatnam(andhra 1090 kms from visakhapatnam).stayed in Jail for 10 days. No lady conistable and no medical (father conducted bypass 3 months before still suffering from post bypass problems psychosis and sever fever)

after charge sheet I filed RTI asking for time of arrest by the police and asking T.A bill and Transit permsission.

police replied stating that there is no arrest in blore we came and surrendered in visakhapatnam and there is no T.A bill and is submitted to the commissioner office.

Again I filed RTI to the appealte authority stating that information is not sufficient and asking for T.A bill.

police replied that the reply for previous RTI holds good.

Based on this how shall I proceed.

My options:

1. file complaint to the State Human right comission through my mother - (But what I can expect from this).

2. File a case againest police and the people who accompanied and harrassed us.

3. Some one said file 166 (not sure) againest the police.


Asked on 1/28/09, 6:17 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: indiscriminate arrest

You need to decide on the basis of available evidence. Such evidence could be in the form of documents and even oral.

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Answered on 2/07/09, 5:42 am
Vishwa Arya Arya & Co.

Re: indiscriminate arrest

if you have the evidence of arrest from Blore and documentation showing travel, you file a criminal writ petition before the High Court and simultaneously you may approach the Human Rights commission with your grievance

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Answered on 1/28/09, 8:06 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: indiscriminate arrest

You may not be able to succeed in your fight against the system / police. Unfortunately you were caught by the wrong leg and she/her family outsmarted you.

The best course of action for you may be to consider an amicable settlement with your wife on whatever terms possible. The fight / litigation will be costly, time consuming with uncertain results.

You may consider involving the media center, if any, or other friends and relatives for a compromise.

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Answered on 1/28/09, 8:24 am


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