Legal Question in Criminal Law in India

Hi, my brother was asked to report to police station for some investigation. when he reported to PS, SHO asked him that you are invoved in an attempt to murder, looting, and other charges with your friends. they play the recording of a mobile where he was joking to his 2 friends that if this man (who is a jweller and and also a friend of these 3 mutual friends)will die what will be our shares. this was just a joke as all of these 3 belongs to very reputable families of town. Police picked other 2 friends and tortured them so they accepted that they did this attack and also invloved my brother as well. We are sure that any of them is not invloved in this case but they accepted due to police torture. 2 of them have been chalaned and sent to jail while my brother who is cardiac and depresion patient is in the hospital for treatment. Ploice charged all of 3 with section 120b, 387, 411, 420 etc. Can somebody guide us how to rid off this case, can stay be taken on arrest or can get bail without arrest.


Asked on 6/18/13, 12:34 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

If there is no prima facie case against your brother, then you may explore quashing.

If there is prima facie case, then your brother need to undergo trial.

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Answered on 6/18/13, 1:01 am

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