My friend is an accused in a 420/34 FIR at Delhi. Pleaded for AB in Sessions Court as well as HC but both were rejected. Now, police came to my place after this and took me to police station for the sake of interrogation/investigation as they said I have good relations with her. I cooperated with them. They asked me sign 160crpc notice and ask me to come again. I did. They again made me sign another notice to come again. Now, since shes is absconding and I am not in touch with her anymore, they are pressurizing me and threatening me that they will arrest me and seek remand if I dont visit PS whenever they require. One thing is to mention here that, before the FIR was registered I was not in touch with her. It was only when her bail from Sessions Court was rejected and she called me up. I am a law graduate. And I am working with a senior lawyer,(but have not enrolled for license because I wanted to learn some work before I get a license), the reason she called for help. Now, if I dont go to police station that will go against me. If I go, its of no use as I have no information about her of her family's whereabouts. Talks are on for my marriage but due to this issue, I cannot go ahead with it as you all may know people inquire about you before marriage and I dont want anyone saying that I have been taken by police because one of my female friend is an accused. I talked to bar council, they said they can go with me but cannot assure me anything. IF I file for AB, that too may go against me as I have not direct link with the complaint. I am not named in FIR. They may argue that if I am not afraid of arrest, why I filed for AB. That means I know something and fearing arrest. Please help me.
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Lawyers are available now to answer your questions.
1. Being a citizen of this country you have the responsibility to help police in carrying the investigation properly.
2.You are witness to this case and hence the police has right to callyou for ivestigation.
3, This has nothing to do with the accused person.
4. There would be no harm in your career if you remains witness in this case.
1) you mus t cooperate with investigations and go to police station when summoned
2) you have merely assisted friend as lawyer
3) if friend has absconded you cannot be arrested
4) consult senior lawyer you are working with
5) take him along to police station next time when you are called to police station
1.First things first, you should enrol yourself. You can learn even after becoming a member. Bar membership can come to your rescue in a scenario like this as bar stands with its members.
2. You should apply for notice bail in this scenario so that in the event of registration of a FIR against you, you may get an advance notice from police before your arrest is made. Simultaneously, you may also move the HC under 482 to seek protection from harassment.
Since there is no FIR registered against you but the police keep torturing you in the name of investigation, you may file a petition against the police seeking to retrain them from unnecessarily torture you .
You may first issue a legal notice to the police under your senior's letterhead on the same subject after which you can resort to legal action including a complaint with state human rights commission agaisnt the police.
