INTRODUCTION
In India, we have a democratic and federal form of Government where we will check and balance each wing work. Nobody is above the law even if it is a police office or a common man all are under the law. If a police officer harassed someone or did a crime, legal action can be taken against them. Many Complaints have been registered in the past and even a few of them get justice. It is a very long procedure and it took a lot of time. Even in the recent past, many custodial deaths were reported. This become a serious issue and growing day by day. Like in 2015, about 54,916 complaints were registered and out of which 16,308 are inquired and only 5526 registered and only 25 police personnel get convicted.
In the recent case of V BHARATH KUMAR vs TELANGANA, there was a complaint, registered. According to the complainant the accused made a fake job offer to the complainant and promised that he would get employment abroad upon payment of Rupees 10 Lakhs. The complainant duly paid the amount demanded by the accused in hope of securing a job in a foreign country. Thereafter, even after repeated attempts, the accused was not receptive to the inquiries made about the job. It was also alleged that the accused had attempted to flee the country.
Soon after the receipt of complaint the petitioner accused was booked for offences punishable under Sections 406, 420, 504, and 506 IPC. Subsequently, he approached the Telangana High Court under Section 438 CrPC for anticipatory bail.
It was the petitioner's case that contrary to the procedure followed under Section 41A CrPC for this kind of offences, the police was adamant to compromise the issue with the complainant. They even threatened the accused of arrest if he won't listen to them, the counsel submitted before the court.
The High Court also recalled that an interim order was passed previously on the same grievance made by the accused. Before the interim order was passed, the counsel for the petitioner asked the police to consider the nature of offence, which is a bailable offence with less than seven years of imprisonment prescribed in the code, and to take steps accordingly. Hence, the court had then stated in the interim order that
"In case the petitioner is required for investigation, Respondent No.4 - Station House Officer, Tukaramgate Police Station is directed to follow the procedure under Section 41-A Cr.P.C. and guidelines issued by the Supreme Court in Arnesh Kumar's case".
Despite this interim order, the police officials had harassed the accused to enter into a compromise, submitted the counsel.
"Any deviation in this regard (procedure under Section 41A CrPC and Arnesh Kumar Guidelines) will be viewed very seriously", the court said in the order.
The victim who has been harassed can file a complaint against police official for justice. Details for the same are given below
WHAT IS SECTION 41A OF CrPC?
Section 41 A of CrPC deals with Notice of appearance before a police officer - this section basically gives power to a police officer to issue a notice to an accused to appear before him when a complaint is registered against him, and if the accused complies with it then arrest is not required.
What legal actions can be taken?
The victim can register an FIR against the errant police office in the next police station. If his complaint is not accepted then he can send a complaint to the District Superintendent. If still his complaint is not accepted then he can go to the nearest magistrate. The victim can also send his complaint to the nearest Human Rights Commission of his State.
What can you Complain About?
Victim can complain any misconduct by any police officer to the PCA. Any Serious misconduct is any act or omission by a police officer that leads to or amounts to:
• Death in Police Custody
• Grievous hurt while in custody
• Rape in Police custody.
• Extortion by a police officer
• Land/House grabbing by a police officer
• Any incident involving serious abuse of authority by a police office
What are complain which can be done
• Death in police custody
• Rape in police custody
• Grievous hurt in custody
• Extortion by police
• Land grabbing by police
• Serious abuses by police
Who can lodge complain
• Victim or person on behalf of friend or family
• Witness misconduct committed by police
CONCLUSION
No one is above law. If the police officer does not cooperate with people the justice will not be served. If situation like this remains then justice will not be served. We need to make proper use of the law so that this kind of situation can be avoided. Under Article 226 one can file a writ petition for justice in High Court, and the law is supreme and no one can go beyond this.
REFERENCES
1.Police Officials To Face Action If Arrest Procedure Under Sec 41A CrPC & 'Arnesh Kumar' Guidelines Are Violated : Telangana High Court (livelaw.in)
2. Police Officer Can be be Prosecuted for Making Arrest in Violation of 41-A CrPC: Telangana HC - Law Trend
3.Police Officials To Face Action If Arrest Procedure Under Section 41A CrPC & Arnesh Kumar Guidelines Are Violated: Telangana HC Article - Legal Articles in India (legalservicesindia.com)