Arrest and Warrants
Can police arrest army officer?
I Want to know under what jurisdiction police can arrest Army soldier and file an FIR against him ? A lady police officer caught a soldier who was in civil dress and on vacation. The lady traffic police officer before asking anything slapped the soldier . The army soldier who was in civil dress tried to stop her and asked her whether you have any right to slap any common person. After that the Lady police officer again tried to slap him but this time soldier caught her hand to defend himself. After that other police constable came to help the lady police officer and assaulted the army soldier without having the knowledge that this person belongs to army service and brutally beat him. Later on, army soldier lost his temper and beat them all. Soon police arrested him.The Police department without informing nearest commanding officer filed an FIR under section 323, 353,504 read with section 185 of Motor Vechicle Act and produced before the JMFC court. My question is that whether the police department has right to file an FIR against an Army Soldier? Under what circumstance FIR is registered? What are the remedy available to the army soldier? wheather under section 482 of Cr.P.C. can High court of Karnataka can quash the FIR? Wheather the army soldier has to attend the court while trail is necessary? Because he his posted on Nagaland and as he is undergoing and presume Para training? Wheather any departmental enquiry is necessary against that police department. who has falsely put him under custody and put behind judical custody. certain material is in the custody of police department like halmet, mobile, and two wheeler honda activa. how to take action upon the police department for illegal custody. suggest me.
By  Devang Yadav  |  15 Mar 2016  |  Upvotes: 0  | 

1 Answer(s)

Deepika Gill
Advocate

The Police has acted wrongly no doubt about it and the army official should file a formal complaint against the police officials who had assaulted him physically too. The FIR against him should be take up along with a fresh FIR lodged by him against the Police officials involved in the public nuisance. As far the Army Commanding Officer is concerned he must be aware of the incident and he can order suspension of army officer and conduct departmental inquiry against him, similar suspension of police officers and department inquiry against them should be initiated. The Police department not conducting the same should be forced to do so by approaching higher officer and even seeking information through RTI about the action against the earring police officials at the time of incidence. The court in such case will try for amicable settlement of issue between both sides as both parties are officers of departments of government on the security duty and this should be worked out by the counsels of both parties.

Upvotes: 0  |  Downvotes: 0  |  Comments  | 
Login to comment