I am a doctor working under tamilnadu govt.my brother in law is an IAS officer. CBI made a search on may 2014 in my residence in connection with disproportionate case on my brother in law.seized some documents in my name ,my mothers name ,my father in laws name and fifty lakhs cash.cbi filed charge sheet on this june 2019 .in cbi fir ias officer first acquist,me second squirt and my father-in-law law third aquist.fir dated 19/10/2014. Arrested ,remanded,taken custody for one week but now in the charge sheet left me and my father in law.only with ias officer filed charge sheet. And in the chargesheet mentioned since no evidence to show the money belonged to ias officer they calculated disproportionate income of me and handover to tamilnadu vigilance.now vigilance and anti corruption tamilnadu filed fir on me ,my father in law and my mother.is this fir maintainable in law..?Is possible for quashing this second fir ?Based on same facts and incidence.second fir based on same incidence and facts filed by another investigatin agency maintainable in law?What is the fate of my arrest and custody.kindly give yr valuable advice
Is possible to file case against cbi in human rights for arrest and custody?
FIR is maintainable if you have disproportionate income . You can obtain bail and contest the case
2) quashing is to be done only in exceptional circumstances
3) wait for police investigations to e completed and charge sheet filed
4) then based on legal advice file for discharge before trial court
If any FIR is filed against you and you have not been granted bail you can be arrested and taken into custody
complaint before human rights comisssion is not maintainable
You can go for quashing of the same. Yes it's possible to file human rights case against cbi
Hello,
You may approach the High Court and file a petition for quashing of the FIR on the ground that the second FIR has been filed on the same grounds wherein in the first FIR you have been exonerated from the charges.
If the said arrest was made illegally then you may approach to human rights
Make a comparison between both reports. What fresh documents Anti corruption wing has found against you. IF court has accepted the closer report of CBI and FIR is closed than this second FIR is not maintainable.
Precaution - Apply for anticipatory bail.
Is possible to file case against cbi in human rights for arrest and custody? -- NO, in this case.
if you have very strong evidence that you were falsely included in the case, then you can approach the high court to quash the case against you u/s 482..
Another option is file petition before state human
right commission against CBI officers for
violating norms of the human rights while
arresting you.
You may see that the state government police have registered FIR against you and others for DA case on the instructions of CBI.
Though the case against your brother in law is different, there is no proper account with you for this huge wealth in your possession hence the DVAC police of the state government has registered FIR against you for disproportionate assets case.
You first obtain anticipatory bail and then decide about challenging the case in trial proceedings or to wait for the charge sheet to be filed after which you may either file a discharge petition before the trial court or a quash petition before high court for the reasons you may rely upon
You may very well file a complaint for human rights violation against the CBI since they have crossed their limits.
Yes the FIR is maintainable.
If you are on bail then you may not go to custody again but you can be arrested again for investigation if the investigating officer file application for custody.
No you cannot file FIR against CBI for arrest and custody during investigation of any case.
