1. Yes, if the offence allegedly committed by him is of non-cogniszable one.
2. Both are permissible under the eye of law.
3.After his acquittal he can claim for damages for malicious prosecution.
4. Not likely.
Arrest under IPC 411, 420
One of my relatives was arrested as per sbc/rps; cr no.213/2014 column 411 and 420 as per orders of FTC first Court on 03/02/2015 and released on bail. Again, on 05/04.2015 he was arrested as per sbc/rps cr no. 103/2015 col.409, 411, 420 of IPC and produced in 4th ACMM court and was in Parappana Agrahara Jail for 4 days. These details were obtained under RTI Act by me. I had also asked whether any warrant was issued to the arrested for which the Police have replied no. Kindly clarify: 1.He is working as an Official in South Western Railway, Bangalore, in Parcel Section Can he be arrested while on duty and does it require a warrant? 2. In the first instance on 03/02/15 he was arrested under the orders of the court. In the second instance on 05/04/15 he was arrested and produced in the court. Why such inconsistency? 3. My relative whom I know very closely is a person of high integrity. Now he is fully shaken and depressed. I am afraid, he may commit suicide due to ill publicity he got. Psychiatrist has conselled him. Just because he sold an unclaimed vehicle in auction which turned out to be owned by a politician, he was victimised. We are sure the outcome of any investigation/enquiry will be in his favour. But can we claim damages for all the wrong doings of the Railways and the Railway Police? 4. I have also sought information under RTI Act from Divisional Railway Manager, Southwestern Railway, Bangalore. Can they withhold information on the grounds of Departmental Enquiry or for any other reason?
Asked 9 years ago in Criminal Law
Religion: Hindu
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6 Answers
1. You have stated that when he was arrested on 3.3.15 it was done on court orders. So no warrant was required to carry out a court order.
2. Again no warrant was required when he was subsequently arrested on 5.5.15.
3. He has no protection from arrest while on duty.
4. There is no legal inconsistency. After his arrest on 5.5.15 he had to be produced before the court whereas on the previous occasion the arrest was ordered by the court itself.
5. Let the enquiry conclude in his favour. Thereafter, he can sue the Railway police for damages and also prosecute it for defamation.
6. The information can be denied if the inquiry is in progress.
He cannot be arrested twice for the same offence hence the second arrest may be for different offence.
One he is acquitted or the case is dismissed, he may file a suit for damages due to wrong and malicious prosecution.
The information sought if not an information affecting the departmental enquiry, it can be very well provided.
You may prefer an appeal against the decision refusing the the information.
Dear Querist
My opinion on your queries are as under:
1.He is working as an Official in South Western Railway, Bangalore, in Parcel Section Can he be arrested while on duty and does it require a warrant?
Opinion: first of all, if the offence is related to his duty then without the sanction of center govt./railway he can not be arrest, the arresting is illegal. but if the offence is not committed on duty then police may arrest him with warrant or without warrant
2. In the first instance on 03/02/15 he was arrested under the orders of the court. In the second instance on 05/04/15 he was arrested and produced in the court. Why such inconsistency?
Opinion: in first senerio the case is u/s 411/420 of IPC but in second senerio section 409 of ipc is also added hence there is difference, in section 409 of IPC the punishment upto 10 years.
3. My relative whom I know very closely is a person of high integrity. Now he is fully shaken and depressed. I am afraid, he may commit suicide due to ill publicity he got. Psychiatrist has conselled him. Just because he sold an unclaimed vehicle in auction which turned out to be owned by a politician, he was victimised. We are sure the outcome of any investigation/enquiry will be in his favour. But can we claim damages for all the wrong doings of the Railways and the Railway Police?
opinion: yes, he may file a civil suit for recovery of damage.
4. I have also sought information under RTI Act from Divisional Railway Manager, Southwestern Railway, Bangalore. Can they withhold information on the grounds of Departmental Enquiry or for any other reason?
Opinion: yes they can due to third party information they can.
If he is a government servant and allegation of cheating has been made against him, he can be arrested. There is no inconsistency, in the first case, the court must have taken cognizance of the offence and hence he was arrested after the investigation was directed to be conducted by the court. in the second instance, the complaint would have been entertained by the police and hence he was arrested by the police and it is mandatory for the police to produce an arrested individual before the magistrate within 24 hours of arrest for claiming judicial custody.
Only such information can be withheld of whose disclosure would not be permitted in the normal course to maintain peace. the information which you are seeking is not of high security and if any departmental enquiry is being conducted, the papers must also be given to the delinquent hence that information cannot be denied.
1. Police officer can arrest an accused if he finds it necessary,
2. In the first instance, he was arrested as per court order,
3. It is of no use to be frustrated since he has to contest the case fittingly. He can surely claim damage for the wrong doings on him,
4. Yes, vital facts which will be used by the prosecution may not be divulged before conducting enquiry and the same will be produced at the time of enquiry.
