Question: Whether ACB can arrest accused person without register an FIR? It is alleged that, Complainant went to Police station on 24/03/2023, and met the applicant accused. it is alleged that, the applicant accused demanded Rs. 1,00,000/- from the complainant for helping him in his Anticipatory bail application pending before Hon’ble Addl. Sessions Court, the alleged amount of bribe was not accepted by the applicant though there was a trap arranged on 27/03/2023. thereafter the bail application of the applicant filed before Hon’ble Ad(ll. Sessions Judge was rejected on 06/04/2023. Therefore, the complainant lodged by a complaint with ACB on dated 17 May 2023 but the applicants accused was arrested before few hours without register an FIR. If the accused was arrested before the FIR is filed, what action should be taken next?
In this instance, the ACB was required to file a formal complaint against the individual in question. It was not necessary to file a First Information Report (FIR) at this particular stage. If the ACB intended to take further action against the accused, such as conducting trap proceedings or making an arrest, they were obligated to document a “fard” which would later be converted into an FIR.
If the aforementioned procedures were not followed by the ACB, your arrest and detention would be deemed unlawful. You possess the right to seek bail and compensation from the state government for the illegal detainment.
To address the entire course of action, it is advisable for you to file a writ petition in the High Court under Article 226 of the constitution, seeking the annulment of the entire proceedings.
