Legal Question in Legal Ethics in India

A bank officer was called to a Police Station to give statement in connection with the fraud case on complaint by other bank. The bank officer was alleged that his bank is involved in this fraud case and accused by police of graft, which was resented by the bank officer. The police got furious on this and told the bank official that he will be arrested and will be produced to the court next day. All the pleadings by the higher ups went futile until a big amount was paid to the police to release the bank official and no movement thereafter. Can police detain someone like this without any proper investigation, documentary evidence just because this official went for giving the statement.? What would have been the next step if this bank official was not released and were the police right in taking this step just because the official protested the allegations by the police?


Asked on 4/26/12, 9:32 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

27.04.2012

Dear Sir / Madam,

It remains the duty of the SP in charge at the concerned Police Station to record the statement of the bank officer and the SP in charge remains duty bound to hand over a copy of the statement to the accused. Other than collecting fines for offences, in no situation is the Police Department entitled to collect or take any amounts from the accused, without a Court order directing the Police Department to do so, which is never ever the case. It remains the sole prerogative of the Court to pass a judgement directing the accused to pay up a sum of money, provided the charges of fraud have been proved to the Court's satisfaction.

The Police are only supposed to record the accused's statement and forward it to the District Magistrate Court for hearing. If the money has been paid to the Police in front of two or three other persons, you should file a complaint in Court against the concerned Police officials mentioning the amount paid to them and asking the person(s) in whose presence the amount was given to the Police, to sign as witness.

You can mail me for further on-line legal advice at [email protected]

Regards,

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Answered on 4/27/12, 4:14 am


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