• Abuse of power by police

Police has charged me with false allegations and is threatening to do the same with my brother.
Asked 5 years ago in Criminal Law
Religion: Hindu

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16 Answers

Sir take up the issue with senior police officer and file a petition for quashing before high court also a separate petition for taking steps against the police officers.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See you file petition based on there action and abuse of power high court can issue direction to register FIR against involved police personal and based on charging sections they can be trialed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

 your question is not clear there are many crimes and different quantum of punishment for those crimes in case police is harassing you and your family then you have to move your petition in the High Court request the FIR lodged by police against you and at the same time you request the court to give direction to the police to not to harass you

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

See since they have charged you in offence you need strict proof that you were falsely charged and tortured to get FIR against you quashed and then subsequently take step against such officer. They can be terminated and further can be trialed for offence for abuse of power beating torture.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Give some background details of the case as which lead the police to give such threat.

2 If this is for money or for some extraneous reasons then you can lodge complaint of intimidation and extortion.

3. So lodge a complaint in writing on which basis if the police does not register FIR then you can file case u/s 156(3) crpc for direction upon police to register FIR.

Devajyoti Barman
Advocate, Kolkata
22865 Answers
492 Consultations

5.0 on 5.0

you cannot sue the police officer directly or sue Police department but you can file the case for violations of your fundamental rights against the state only.

Remember, Police officers also have a number of defence available to them so they can take levrage of that. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Every person who is arrested is supposed to be taken before the nearest magistrate within 24 hours of the arrest. (Time taken to travel to the Magistrate is excluded from the 24 hours. 

If you are being detained by the Police and are not produced before the Magistrate within 24 hours, it is illegal. You (you friend / relative) have the right to directly approach the High Court and file the writ of Habeas Corpus.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file a writ petition in HC and pray for appropriate directions. They will be charged for custodial harrassment. Filing false complaints and torturing you. The punishment ranges from 2 years to 7 years.

Prashant Nayak
Advocate, Mumbai
32059 Answers
183 Consultations

4.1 on 5.0

Apply for and obtain bail if you have been charged with commission of and offence 

Ajay Sethi
Advocate, Mumbai
94910 Answers
7570 Consultations

5.0 on 5.0

police woukd conduct investigations and file charge sheet 

 

criminal cases take 10 years to be disposed of 

 

Ajay Sethi
Advocate, Mumbai
94910 Answers
7570 Consultations

5.0 on 5.0

You ha ve to prove your innocence during trial 

 

if there is no evidence against you then you would be acquitted 

 

you can seek prosecutuon of poluce officers 

Ajay Sethi
Advocate, Mumbai
94910 Answers
7570 Consultations

5.0 on 5.0

Why should police do that to you, have you ever been booked for any other charges earlier?

If the police  has registered FIR then you can obtain AB to face them in the trial proceedings.

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

You have still not furnished the reason that why some police officers are behind you and what are all the charges framed against you?

 

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

If you were charged under the said sections of law and if they are proved false,m then you can file a complaint against the said police office for malicious prosecution, upon proving the same the court may pass an order against the police officer as the charges proved against them.

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

1. If false FIR has been filed then the first priority should be to absolve yourself from the case. 

2. It is not clear from your query as to what is the stage of investigation and more specifically, whether chargesheet has been filed.

3. No case is made out against police unless you are exonerated.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

First of all apply for bail and then an application must be filed under 482 in the high court so that cases and the chargesheet may be quashed.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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