• Arrested and put in custody for 4 days

Arrested for 420 section on 4-6-19 and not summited to court
Asked 3 months ago in Criminal Law from Nellore, Andhra Pradesh
Religion: Muslim

If the accused arrested then Police have to produce him before Magistrate within 24 hours.. 

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

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
10264 Answers
3 Consultations

4.5 on 5.0

See file petition before high court it is illegal the person is illegally detained and it is wrong. 

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

1. It is not clear how you are posting the query when are behind the bars.

2. Anyway a person can not be detained in custody beyond 24 hours without permission of court.

3. If police does then a writ of habes corpus can be filed in high court.

4. So the family members of the detainee can file writ of habeas corpus in high court to get him released. 

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

File petition before high court for enquiry and action against the concerned officers. 

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

Hello,

Ask your lawyer to file writ of habeas corpus before the high court.

Regards

Swarupananda Neogi
Advocate, Kolkata
1061 Answers
2 Consultations

4.8 on 5.0

they need to produce you within 24 hours of arrest and if not they have to record reasons for the same in court. you can file writ petition in HC for wrongful detention and compensation. 

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

Hii

If police officer fails to produce an arrested person before a magistrate within 24 hours of the arrest, if it is not t serious offence like murdet or terrorism, or else he shall be held guilty of wrongful  act. 

Rita Rajput
Advocate, Thane
154 Answers
1 Consultation

Not rated

An action can be instituted for the damages in civil court  ensuing from false arrest, such as loss of salary while imprisoned, or injury to reputation that results in a pecuniary loss to you.

Also, writ petition can be filed in High Court against the the involved police officials for the illegal detention, wherein you can pray before the court to order enquiry in the matter.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

As they did not produce you before the magistrate even after keeping you in custody for 4 days, it amounts to illegal detention. File writ petition and civil suit as advised above.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

If the police have arrested you and are not presenting you before a magistrate within 24 hours....file a habeas corpus petition in the high court.

Regards 

Rahul Mishra
Advocate, Lucknow
4346 Answers
11 Consultations

5.0 on 5.0

A friend or a relative can file it on your behalf. The court shall order the police to bring you in court and release you in case it does not have a case.

Regards 

Rahul Mishra
Advocate, Lucknow
4346 Answers
11 Consultations

5.0 on 5.0

Ask your lawyer to apply for bail on your behalf before trial court 

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

your lawyer should apply for bail on your behalf 

 

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

Your relatives can file a habeas corpus petition to get you out of the custody. 

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

HCP before high court may be the best option before you. 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

if the accused has been arrested and not produced before the magistrate within 24 hours it's illegal, and, you should file immediately writ of habeas corpus,

 

Suneel Moudgil
Advocate, Panipat
1143 Answers
1 Consultation

4.3 on 5.0

engage a lawyer and move an application before the concerned court 

Anilesh Tewari
Advocate, New Delhi
16920 Answers
260 Consultations

5.0 on 5.0

if the person is being kept in illegal custody then a writ of habeas corpus can be filed in the High Court. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16920 Answers
260 Consultations

5.0 on 5.0

File Habeas corpus immediately by your relative and seek remedy

G Suresh
Advocate, Chennai
390 Answers
4 Consultations

4.9 on 5.0

Dear Client 

They must have not recorded your arrest in there daily register.

Ask some of your close relative to file an application in the court of illaqa Magistrate to produce you before court as its been 4 days of arrest.

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been arrested and as you have understood they should have produced you before the court of law, but they didn’t do that, reasons best known to them.
  2. Let me tell you that in this type of case, one must use the best option to tighten the police officials before the court.
  3. You should file a Writ petition of Hebeaus Corpus in the Hon’ble High Court as per article 226 of our Constitution seeking immediate produce of him before the court and also seeking answers from the officials reason for not producing you before the court of law.
  4. Believe me they all will be in trouble and you will be taken care off by he High Court.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

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