Legal Question in Criminal Law in India

Initiating a case in court against police
Would it be a feasible option to initiate a case against police on the basis that they have handled original case in wrong way or blown it out of proportion or setup the case without any evidance?

The original case is being defended in the court.

If it is possible to initiate a case against police then shall I wait for B Report or Charge Sheet before starting the case or else I fear the original case might be again twisted?

Asked on 3/16/09, 8:04 am

3 Answers from Attorneys

Pranav Desai PD Legal & Associates

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Re: Initiating a case in court against police

Not a good idea to file a case against the Police. Though you can consider filing a writ petition in the high court.

Answered on 3/17/09, 1:23 pm

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Initiating a case in court against police

It may not be advisable to consider filing the proposed case against the police. The public servants may be entitled to commit mistakes in good faith in discharge of their official duties.

However, a lot may depend upon the harm you have suffered, the prejudice caused because of wrong action and your capacity to suffer costs of litigation.

Answered on 3/16/09, 1:22 pm

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