Human rights - I have arranged marriage Human rights - I have arranged marriage

1 year ago

Dear sir/madam
I have arranged marriage bothe family permission in pondicherry, within the one week my wife blaming me to go separate without my parents, am not accept it, after some days she ask permission to stey there mother house for 3 days we accept before she went she locked jewelry locker and kept him self, after 3 days she starting to avoid come back.
Lot of times bothe family spoked but she only not accepting to come back. After few months she send divorce notice, am not interested for divorce, so return notice I send, after she give facke police complaint in chennai woman's police, police called us for enquiry we went for 3 months in 3 times. starting it's self police trying to written divorce agreement letter to me, this time I put restitution of conjugal right petition in pondicherry district court, this information also we informed police station. But police continuously blaming us. so I put not too harass petition in madras high court. judgement coming our favor. This information and judgement copy also we give respective women police officer, after that
1. Without any information and search warrant one police constable(in uniform)and my wife come a private cab. My parents asking a reason for coming they told search purpose came
2. Without any acknowledgement how u come? Like my parents asking question
3. Police constable use a very worst bad words and she trying to attack my parents
CAN I FILE HUMAN RIGHT CASE AGAINST WOMAN POLICE AND POLICE STATION?
Kindly please give your advice.

Anik

Responded 1 year ago

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A.Dear client I am sorry to hear that. However The circumstances in which a police officer does not need a search warrant to conduct a search are stated in section 165, and these grounds are as follows:
1) Whenever an officer in charge of a police station or a police officer making an investigation has a reasonable grounds to believe that anything necessary for the purpose of an investigation into any offence which he is authorized to investigate may be found in any place and that thing cannot in his opinion be obtained without undue delay without a search, such officer may search for such thing in any place within the limits of such station.

2) Police officer proceeding under sub section (1), shall if practicable, conduct the search in person.

3) If police officer is unable to conduct the search in person and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to make the search and order him to search for such thing in such place.

4) If a police officer remained outside the house while the search was being made inside by some subordinate officer, the search was not held to be illegal.



5) Copies of any record made under sub section (1) shall be sent to the nearest magistrate empowered to take cognizance of the offence
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