• Section 143

Dear Respected Advocate,
My Brother Making Railway Tatkal Ticket and General Ticket For Friend circle use. And Rpf Arrasted to 24 hrs without costady and release to bail for 5000. Police Is does investigated to every passanger people. All people say to police i will not given any extra charge for net amount value. But Police is written in their statement in extra 100 rs charge extra can this 100 rs extra can impact for judgement or face to face judgment valid for this ceramicists. If police can collect to my brother pc,mobile,and printer without any fir.
If comp alien base can police authority to collect their laptops,mobile,printer. If police fails to collect any clues in case how come judgement. If police can arrested to base in complain or Fir. If police is cheat to victim in this case can police will punishable.

Warm Regard,
Mohammed ZuberKhan.
Asked 4 years ago in Business Law

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6 Answers

Sir the police statements are not treated valid if the matter goes in the trial before the Railway magistrate the statements of all the witness shall be recorded in court and at that time they can deny that police forcefully took there statements.

The police in investigation can seize the PC mobile even if the FIR is not received. If there is no evidence against your brother in that case he shall be acquitted.

if police wrongly does investigation then a petition before the high court can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Any reserved ticket including railway ticket is exclusively meant for travel of the person (who may represent a group)who is termed as primary passenger(whose ID is printed in ticket or in their official computer list) . atleast he/she should show government ID when asked for. or face court . its a criminal offence to sell reserved ticket.

Section 143

Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets.

(1) If any person, not being a railway servant or an agent authorised in this behalf,

(a) carries on the business of procuring and supplying tickets for travel on a railway or from reserved accommodation for journey in a train.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hello,

To sell a railway ticket is an offence.

Without lodging an FIR and taking permission from the court the police can not investigate the laptop etc.

The police will have to show prove that the brother used to take extra money against the ticket.

In case no evidence are found, your brother will be acquitted accordingly.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You have to read Section 143 with section 141

Section 141 in The Indian Penal Code

141. Unlawful assembly.—An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is—

(First) — To overawe by criminal force, or show of criminal force, 1[the Central or any State Government or Parliament or the Legis­lature of any State], or any public servant in the exercise of the lawful power of such public servant; or

(Second) — To resist the execution of any law, or of any legal process; or

(Third) — To commit any mischief or criminal trespass, or other offence; or

(Fourth) — By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

(Fifth) — By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.—An assembly which was not unlawful when it assem­bled, may subsequently become an unlawful assembly.

Kindly explain all details fact of the case that how many people where there and for investigation how many police officer where there.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear client,

1. See nothing to worry here police statements are not treated valid, see while conducting the trial before certain authority, the court looks into certain witnesses and it shall be corroborated with material facts as per section 158 of Indian evidence Act.

2. If police officer doing his investigation in properly or misusing his job with all the proof you can stay the proceedings.

3. Selling an Railway ticket is an offence, see in case no evidence found then the case will come to an end.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

This is a routine arrest and action taken by police.

Dont give importance to the proper legal procedures that are required to be followed, the police themselves will not strain to undertake the strenuous action on this as per procedures.

Let him pay the fine and come out of the crisis instead of arguing over the wrong things done by him.

Strictly speaking if the police refuses bail then he may have been arrested and remanded to judicial custody.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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