Firstly, note that the police does not have power to arrest a person in a non-cognizable offence without the order of a court.
Secondly, if the FIR has been registered even though all facts in the complaint, taken together, do not make it an offence (or don’t disclose a cognizable offence), then it can be quashed by the high court. The power to quash the FIR is with the high court (or Supreme Court) and the lower courts do not have such power. So, you may have to approach the high court for quashing of FIR.
As far as bail issue is concerned, it is advisable to go to the Magistrate court for getting bail, instead of going to high court with a habeas corpus writ petition.
In appropriate circumstances, depending on facts of the case, a private complaint in local court can be filed for illegal detention by police, if any. Or seek damages by filing a civil case.
As per Tilak Marg Forum policy (displayed during asking of each question), questions purely of academic nature, are not replied due to paucity of time, as otherwise it may not be possible to answer the genuine questions of people facing legal issues. Moreover, sometimes, it may not be possible to answer a question if it is beyond the domain of knowledge of our experts.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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