• My husband died by taking cocaine which resulted heart choke in postmortem report

1.The friends who called my husband to take cocaine what type of case I ll lodge against them? 
2. Where I ll file case at the spot (baripada)where he died or where the place (bhubaneswar)the cocaine was taken? 
3.I want at least 10 year prisoners to the criminal friends. What kind of charge sheet I ll file?
Asked 4 years ago in Criminal Law
Religion: Hindu

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16 Answers

1) you can file case where he died in that place, because investigation must be take from that local place police officer. Where the current body lies.

2) You should have given complaint on same day when he died and body should send for investigation for further postmortem report.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

File a case for abetment to suicide against the criminal friend of your husband.

Lodge a FIR at the place your husband consumer liquor and passed away.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Calling a friend for a party is not a crime. but yes you can file a case of murder against those friends of your husband who called him to take cocaine by stating that the intentionally overdosed your husband of cocaine with the intention of killing him,.

2. Lodge a FIR in your area as zero FIR , police will transfer that to the place of occurrence.

Case proceedings will be carried out in bhubaneswar.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

The FIR can be filed for murder that its was there intention to give your husband more cocaine so he may die of overdose.press charges for murder in fir.

File a FIR at your local police station it can be transferred to then appropriate jurisdiction based on facts and circumstances.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You may file the FIR at the place of incident as your husband has taken ok by itself it was not administered on him solo person can be held liable are the administration of cocaine to him is the matter of police investigation that who has sold the cocaine and how that is reached to a person who has taken this the sailors can only be charged under ndps act for selling the narcotics that cannot be charged for the murder they can be punished only under ndps act if held guilty

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Your question is not clear. Did your husband die due to drug overdose?

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

Dear Madam,

You can lodge complaint at any of the convenient police stations since police people have to investigate the case at both the places. It is better to file complaint at Bhubaneswar. The police may register the case and issue FIR for the following offences. If for any reason they did not register then you may file a private complaint before Magistrate under section 200 Cr.P.C or may directly approach the High Court under section 482 Cr.P.C. You have to explain the delay and also enclose PM report if any. All the 10 persons to be named in your complaint and there will be booked for the following offences read with section 149 IPC. I have worked as Magistrate for 20 years and if you get any doubt you may call me.

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Section 302 in The Indian Penal Code

302. Punishment for murder.—Whoever commits murder shall be punished with death, or 1[imprisonment for life], and shall also be liable to fine.

Indian Penal Code, 1860

301. Culpable homicide by causing death of person other than person whose death was intended

If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.

Indian Penal Code, 1860

304. Punishment for culpable homicide not amounting to murder

Whoever commits culpable homicide not amounting to murder shall be punished with 104[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death,

or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

Indian Penal Code, 1860

149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Cleint,

You just file a case of murder against the friends, that he called your husband and overdosed him with the intention to cause him death.

Rest police will investigate, let the FIR file first. Place where death occurred.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

I have come across many cases like this. All the questions are irrelevant. The relevant question your husband died of taking and someone compelled him. So you should simply lodge an FIR with the police giving complete details of the incident at the earliest and let the police investigate the crime and submit the report.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

1. Cocaine is not a poison and if it was not administered forcibly on him, then there is no complaint maintainable.

2. Since he died at Baripada you may give the complaint in the place of death.

3. Try your luck

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

You can lodge a murder complaint against his friends.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

You can lodge the complaint in the Baripada police station itself since death has taken place there.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Hi,

You file the complaint with the police and rest of the things will be done later.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You will have to file the complaint at the place where the death of your husband took place

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

File a complaint saying that drugs were given forceful to your husband and that your husband never used to take drugs. The police will accordingly invoke appropriate sections

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the said cocaine was given against your husband will then only the case is maintainable against the offenders. Else no offense is made out. The jurisdiction will be the place where the incident occurred. Abetment charge can be levelled.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

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