Police is not registering case against the accused
my father who is handicapped is beaten brutually by 10 people(including three ladies) and is serious and admitted in ICU ward of heritage hospital of varansi.firstly the police did not want to register a case but after calling to dgp hq up the fir is registered. after registering fir my son who got head injury in saving his father got a call from village head that take 2 lakh rupees and take the case back when we refused to take the case back the police register a case against my son and nephew stating that my son and nephew has beaten them entering in their house and a strong case is registered on us, on the other side my husband who got injury on 17 places on his body and his finger bone and forehead bone is broken at two place but still a simple case of fighting is registered.
on the other side the persons of opposide side has made forge mediacal certifacte showing that their hand is broken and they have got head injury but in real they have not got any injury. before this acciedent
my father has given a lot of application to the police in last one year but no action is taken against the accused till the date.
please suggest me the necessary steps which i should take.
Asked 2 years ago in Criminal Law from Ballia, Uttar Pradesh
1. Hope your father had send copies of his complaint letter to the local S.P. ,
2. If yes, then file a petition u/s156(3) of Cr.P.C. praying for a dirction upon the police to investigate and act based on your complaint,
3. You can also file a writ Petition before your local High Court against police inaction.
1. You can not stop police from lodging complaint against your son.
2. However if police does not act on your complaint you can move to high court for getting direction.
3. The injury report will help in convicting the person who were guilty of assaulting your family members.
1. Those who attacked your father are seemingly liable to be prosecuted for attempt to murder.
2. It is very apparent that the police is either hand in glove with the accused, or has succumbed to political pressure to go lenient on the accused.
3. You should move the High Court for the prosecution of the culprit and quashing of the false case registered against your son. HC knows how to set the police right.
File a complaint before the illaqa magistrate and a copy of the same to be sent to the police commissioner under whose jurisdiction it is coming. it is advisable that you put in particulars of all the evidence you have and do mention clearly that the cross case has been falsely filed to put pressure on your son to take the case back.