• Can Police arrest us twice for the same FIR?

Hi, me and my family have been implicated in a false civil case (IPR infringement) and criminal sections have been added to it in order to arrest and blackmail us into a settlement. We've got an interim relief in the anticipatory bail application from the High Court. The police hasn't filed the charge sheet yet, its been a year since the FIR was registered and our stock of material is not being released. My questions are:-

1. Can the police arrest us twice for the same FIR? 
Since we've got interim reliefs, IF the police can show an arrest on paper and release us on providing the bonds and surety instructed by the High Court, does that mean we can stop fighting the anticipatory bail application in the HC? or that he cannot arrest us again if the anticipatory bail application gets rejected?

2. Could the police remove the criminal sections in the charge sheet since they have been added wrongfully in the first place?
Asked 2 years ago in Criminal Law
Religion: Hindu

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14 Answers

1. If the AB gets rejected then the police can arrest you and if you have the AB then the police can not arrest you.

2. Yes in the charge sheet the police may remove the section if no prima facie evidence are found against the section mentioned in the FIR

Regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

1)police cannot arrest you twice for same FIR

2)if AB is rejected police can arrest you

3) police on completion of investigations can drop the criminal charges against you

Ajay Sethi
Advocate, Mumbai
79718 Answers
4806 Consultations

5.0 on 5.0

1. If you are once released on bond for any offence the police cannot arrest you again in the same offence. Though police can be arrest you if the bail is challanged in higher court and court direct the cancellation of bail.

This order of high court is interim order on your Anticipatory bail to protect you in case the bail.fails the court can order such arrest by cancelling the bail provided to you by bond and surety. On rejection of AB the court shall give direction if your bail is cancelled or not provided under the interim order till disposal of this application.

2. The police in investigation find that no offence under that provision section is committed it can remove at time of filing of chargesheet .

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

1.Police will do the investigation and take steps accordingly.

Since you have taken anticipatory bail therefore it means that you shall make yourself available for interrogation by a police officer as and when required.

Again, if you are thereafter arrested without warrant by an officer in charge if a police station on such accusation, and is prepared either at the time of arrest or at any time while in custody of such Officer to give bail, you shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against you, then he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1) of Section 438, CrPC.

2. Before preparing the chargesheet, police will do the investigation and then only they will prepare it. If they find that criminal sections in the FIR was added wrongfully in the first place, then they will not add that on the chargesheet.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1) No, anticipatory bail application is rejected, than police will arrest you and will be released after the whatever order by court.

2) Once mentioned criminal sections in the charge sheet whether its true or false will be decided by magistrate of his particular court.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

Hello,

Police cannot arrest you once you get bail unless they have WA.

Yes they can remove it if after investigation they think that there is no reason to believe that the offence under said section has been committed . Moreover a court can also alter or amend the section at the time of framing of charge .

If you have any other queries relating to this you can contact me .

Regards.

Swarupananda Neogi
Advocate, Kolkata
2907 Answers
6 Consultations

4.7 on 5.0

1. Once bail is ranted or the court grants stay on arrest then the police can not arrest as long as the order remains in force. So there is no question of your arrests unless the order of interim relief is vacated.

2. If the police after investigation finds no prima face evidence against you the police can remove your name from the charge sheet.

3. Even after charge sheet you can challenge the case by filing quashing petition in high court or discharge petition in the trial court.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

Dear Sir,

My answers as follows:

1. Can the police arrest us twice for the same FIR?

Since we've got interim reliefs, IF the police can show an arrest on paper and release us on providing the bonds and surety instructed by the High Court, does that mean we can stop fighting the anticipatory bail application in the HC? or that he cannot arrest us again if the anticipatory bail application gets rejected?

Ans: As a retired judge, I can say that you have got interim anticipatory bail only and not full fledged anticipatory bail. If your AB is rejected then you may be arrested by the police if the HC did not continue its interim order till you appeal before the SC.

It does not amounts to second arrest.

2. Could the police remove the criminal sections in the charge sheet since they have been added wrongfully in the first place?

Ans: Yes, it is the wisdom of the IO either to add or remove the sections which were mentioned in the FIR, at the time of filing charge sheet on the basis of availability of evidence during investigation.

Do Not Grant Regular Bail When Interim Anticipatory Bail Is Granted By Higher Courts And Matter Is Pending: SC To Trial Court...

“Once a regular bail is granted by a subordinate Court on the strength of the interim/pre-arrest bail granted by the superior Court, even if the superior Court is to dismiss the plea of anticipatory bail upon fuller consideration of the matter, the regular bail granted by the subordinate Court would continue to hold the field, rendering the ultimate rejection of the pre-arrest bail by the superior Court meaningless,” a Bench comprising Justice Ranjan Gogoi and Justice Navin Sinha explained....

Kishan Dutt Kalaskar
Advocate, Bangalore
5644 Answers
235 Consultations

4.8 on 5.0

If there is a bail then police without the cancellation of bail from the court can not arrest you.

So for as the chargesheet is concerned the police have the liberty to add , drop or ammend the section as per the outcome of investigation.

Vimlesh Prasad Mishra
Advocate, Lucknow
6793 Answers
23 Consultations

4.9 on 5.0

yes police cn remove section but u should try to gile challan by police officials before the illaqa magistrate that investigation completed nd u r no more required by police

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

you have contest the anticipatory bail at HC.....first reporting of your joining police investigation may intimated to High court by state...your bail shall be absolute by court order. police can discharge you after the investigation, if they find nothing wrong against you.

Anil K Sagar
Advocate, Chandigarh
3 Answers
1 Consultation

4.0 on 5.0

1. No, the police cannot arrest you again on the basis of the same FIR.

If the anticipatory bail application is dismissed then the police may arrest you

2. If the IO is satisfied that the sections impleaded may not be necessary since there is no ingredient found for that then he may remove the same from the charge sheet by filing a memo before his superior officer,.

T Kalaiselvan
Advocate, Vellore
69749 Answers
950 Consultations

5.0 on 5.0

Hi

1. Yes police can arrest twice in case some non bailable sections are added to the FIR.

If you are on interim relief then file for regular bail as it has been 1 year and police have not produced chargesheet against you.

This will be the strong bail grounds.

2.yes police can remove sections in chargesheet.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Same FIR they can't arrest twice. If ABA rejected they can arrest. Yes Police can remove the same.

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

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