1) litigation is long drawn process
2) on account of heavy pendency of cases in trial court disposal takes time
3) you can file application in HC to expedite trial
4) husband would be released on bail after submission of challan
Court proceedings
1. FIR registered under 304B/120 against husband and other 3 family members. 2. But police declared innocent to 3 members of the family in DSP inquiry report and submitted the Interim challan under section 306 against the husband only as we approached the DIG for further investigation. SIT formed by DIG.. 3.We submitted the dowry evidences and all other evidences to SIT formed by DIG. 4. Meanwhile husband bail rejected in district court. charges framed under 304B. prosecution evidences going on. 5. Investigation done by SIT and SIT Prepared the report under 304B agaisnt Husband and his brother. But after that they did not produce the challan against the husband under section 304B despite of SIT decision headed by IPS officer. We were under wrong impression that challan agaisnt the husband submitted by police. 6.Other family member again approached director of investigation and marked the inquiry once again for his innocence to linger on the matter to get the bail for husband (his brother) to soften the case. 7. Investigation delayed and husband got the bail from high court, we failed to oppose the bail in high court due to lack of knowledge as we relied on Police. But IO again told to high court that they dont have any proof of dowry despite of complete file handed over to SIT. 8. Now again director of investigation prepared the report against the boy and his brother under section 304B same as made by SIT earlier. 9. But in all this episode they have been able to soften the case and able to get the bail for boy. Queries:- 1.) If now police submit the challan under 304B against the boy and submit thIer report in disctrict court. 2.) Can the husband again be sent to Jail by district court, after submission of challan under 304B. Can the court also order to arrest his brother too who is charged under 304B by police in investigation. 3.) what should be our course of action to expedite the case. what are the best remedies available for us.
Asked 8 years ago in Criminal Law
Religion: Hindu
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16 Answers
1. If SIT was constituted then i wonder how and why police was called to submit challan or it was queried at the time of hearing of bail petition.
2. Inform the court that SIT has not filed challan as yet. Once it is filled the court is bound to consider fresh charges put against the accused persons therein.
3. In the meantime you can challenge the bail order before the supreme court on the anomaly done by the investigating agency. Its well settled law that accused persons can't take advantage of the lacunae of the investigating agency.
Hi
1. If husband got bail in section 304B then submission of second challan would not lead him to jail as he is already on bail under that section.
2. For the brother of husband better file and application under section 319Crpc.
3. Prepare for strong evidence and mention all facts during your examination in court (time date and place of occurrences are very very important.)
Thank You
Dear All Please understand that challan submitted under section 306 against the husband only , Husband got the bail in high court under section 306 few days back , if Police submit the complete challan under 304 B against the husband after completion of the investigation . Can the court issue the order to rearrest the husband and his brother? Can Police arrest his brother under section 304B , Can his brother apply for the anticipatory bail ?
Asked 8 years ago
Hi
If husband was on bail under section 306 IPC and now the complete challan have been submitted under 304B then he could be arrested by the police and need to file a fresh bail application under 304B.
If there is something against brother in challan then he could also be arrested .
Yes his brother can apply for anticipatory.
Thank You
Dear Client,
Please understand that challan submitted under section 306 against the husband only , Husband got the bail in high court under section 306 few days back , if Police submit the complete challan under 304 B against the husband after completion of the investigation . -- If the charges is made out against the husband, police will rearrest him, subject to again applying for regular /anticipatory bail.
Can the court issue the order to rearrest the husband and his brother? -- If charges are made out in further investigation, police itself will arrest him for offense u/s 304B,
Can Police arrest his brother under section 304B , - depends on fact of case , yes
Can his brother apply for the anticipatory bail ? - yes,
Merely because a serious Charge is added at a later stage is not by itself not a ground to refuse Anticipatory Bail: SC ...
2)“great ignominy, humiliation and disgrace is attached to arrest. Arrest leads to many serious consequences not only for the accused but for the entire family and at times for the entire community. Most people do not make any distinction between arrest pre conviction and post conviction stage
3)In cases where the court is of the considered view that the accused has joined the investigation and he is fully cooperating with the investigating agency and is not likely to abscond, in that event, custodial interrogation should be avoided....
4) court can issue order for arrest of the accused and his brother
The police can file additional charge sheet. Do file a petition in the court of Magistrate for direction upon police for causing further investigation.
You can file writ petition also on this regard.
Hi, if the police submits a supplementary challan under 304B, then you can file a application in court to cancel the bail .. The application can be filed and is maintanable on the grounds due to new findings in the investigation and as the earlier bail was granted under 306ipc and not on 304B .. If the lower court do not grant you relief it is advisable to approach high court via appeal .. Thanks
If the bail has been obtained then submission of chalan is no ground for re-arrest. Re-aarest can be ordered only when the husband fails to comply with the conditions of the bail.
Yes if the police will deem fit then the police can arrest his brother
Further get more evidence to strengthen your case
If you think that the bail is being misutilized then file an application for cancellation of the bail.
regards
He mey be arrested for offence under sec. 304B
You need not do any fir expedite
He can apply for anticipatory bail
Dear All Thanks for your guidance, As interim Challan submitted under section 306 and investigation under process, but charges framed under section 304B, 7 months back, complete chief statement of mine is not recorded yet in last 6 months, from last 3 dates PP pretends and take new date , our private advocate also not interested to complete my statement. We are sure that PP and our advocate are influenced by accused. my fresh queries are as under 1. Can application under 319 be filed agaisnt other accused as in my part chief statements i have mentioned the name of other accused also whose name is also mentioned in FIR. 2. How can we expedite the proceeding as PP is delaying the same intentionally, what is the remedy available for us against the PP. 3. As charges framed in court under 304 b, investigation agency is asking us to provide the court charge sheet, I think they are supposed to investigate their own not court proceeding. wht shd we do ?
Asked 8 years ago
Merely on basis of your statement trial court, exercising its powers under Section 319 CrPC, would not summon these persons. ...
2) SC has held that Only where strong and cogent evidence occurs against a person from the evidence led before the Court that such power should be exercised. It is not to be exercised in a casual or a cavalier manner,...
3) submit copy of charge sheet as desired by investigating report
1. Yes you can move an application under 319 at this stage.
2. Raise a complaint with the DJ with regards to the fact that fair trial is not being provided to you.
Regards
Queries:- 1.) If now police submit the challan under 304B against the boy and submit thIer report in disctrict court.
2.) Can the husband again be sent to Jail by district court, after submission of challan under 304B. Can the court also order to arrest his brother too who is charged under 304B by police in investigation.
The husband or his brother if already enlarged on bail then they canot be arrested again just because the challan has been submitted now with the charges made out.
Until they are not proved guilty they canot be punished, hence you may have to confront them in the trial proceedings only.
3.) what should be our course of action to expedite the case. what are the best remedies available for us.
Since this is a state prosecuted case, you have no choice than to follow up the mater through the assistant public prosecutor.
If you find that the investigation is not proper then during trial proceedings you may file a petition before the trial court seeking re investigation on the basis of the improper investigation carried out earlier.
if Police submit the complete challan under 304 B against the husband after completion of the investigation .
Can the court issue the order to rearrest the husband and his brother?
If they are already enlarged on bail, then the police canot arrest them for the same offence in the same crime number.
Can the court issue the order to rearrest the husband and his brother?
There is no provision in law for that.
Can Police arrest his brother under section 304B ,
If he is not enlarged on bail;, then the police may try to arrest him, it depends
Can his brother apply for the anticipatory bail ?
He can
1. Can application under 319 be filed agaisnt other accused as in my part chief statements i have mentioned the name of other accused also whose name is also mentioned in FIR. - u can file application , if court will find material against other accused than only will summon them.
2. How can we expedite the proceeding as PP is delaying the same intentionally, what is the remedy available for us against the PP. -- request the court through advocate, ( charge framed ?) and he is not cooperating, change the advocate.
3. As charges framed in court under 304 b, investigation agency is asking us to provide the court charge sheet, I think they are supposed to investigate their own not court proceeding. wht shd we do ? --- if the court already framed charges u/s 304b,than what police is investigating. ? its abuse of process.