Thread Started by #snkl-terror

I am from Tamil Nadu and I did my graduation in Chennai. I applied for my passport a few days ago and went through the process of police verification. During this process, the local police officer informed me that I was accused under section 41 at Chennai 2 years ago and they showed me the details of the complaint. This complaint contained my name, my father's name and my age. But I am not the accused- someone must have misused my details. How can I get rid of this false complaint? Will this affect my career during any background verification or police clearance if required?
4th February 2019 From India, Chennai
I presume you are referring to sec 41 CRPC.
Then it is serious enough to create problems not alone for a mere passport but one can get arrested without warrant.
Get the matter investigated in toto after taking legal advice on nature of accusation.
You claim to be innocent so there should be no fear in asking for details of alleged offence 2 years ago and then providing proof that you are not involved in any way.
Earlier the better you take action to get your name out of police records.
4th February 2019 From India, Pune
thank you sir,but actual that contain my name along with my father name and my age....the address found on that seems to be unknown....does it make any problems...i dont want to involve and deal with police since i dont like such,,,,
4th February 2019 From India, Chennai
If your name was included by mistake or intentionally or for whatever reason, the need to get your name cleared or deleted is clear.
You need to give full details.
What was your father's involvement if any.
Please understand no one wants to get involved with police matters but fact is your name is there for something under sec 41 CRPC.
So take advice from a criminal lawyer and act.
4th February 2019 From India, Pune
thank you sir....will proceed forward as per your instructions...
5th February 2019 From India, Chennai
It is advice based on what you wrote.A lawyer dealing with criminal matters with whom exhaustive discussion can be done about the whole case is needed.
Please proceed based on advice of lawyer who is informed all matters pertaining to dispute.
-Like your father name was there with PS etc.
5th February 2019 From India, Pune
Mr Nathrao has given detail explanation. Without further delay you need to know what is the case in actual and who were the complainant.
To make your future safe better to take the help of a good criminal lawyer to dismiss the case or to clear the name from the complaint. This thing can only happen by the court order.
5th February 2019 From India, Mumbai
In my understanding, it cannot be Section 41 of the Criminal Procedure Code(CrPC). CrPC is a procedural law, its provisions do not define any offence. And it certainly cannot be Section 41; it provides for arrest:
41.When police may arrest without warrant.-
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-
(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or
(b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or
(c) who has been proclaimed as an offender either under this Code or by order of the State Government; or
(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or
(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or
(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or
(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or
(I) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in section 109 or section 110.
It cannot be Section 41 of Indian Penal Code (IPC) as this a just a definition clause:
41. "Special law"
A "special law" is a law applicable to a particular subject.
As such, it is important that you ascertain the facts relating to as well nature of the alleged offence against you. If an FIR has been lodged, obtain its copy. All these information could be obtained under Right to Information Act (RTI).
It could be that the police man is just bluffing.
6th February 2019 From India, Kochi
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