Hello,

There is no scope of filing a PIL, PIL is filed in public interest.

Also, the death occur in 2003 i.e., almost 15 years back.

What happened during all these years?

Regards

Dear Client,

Instead of PIL, file criminal complaint through court u/s156(3), if court find substance, will send it concern PS for registration of FIR.

What were you doing for 15 years ?

Your PIL would not be entertained after lapse of 15 years

PIL can be filed to seek an investigation.

Sir, PIL(Public Interest litigation) is filed for the case in which society as whole is effected like in environment somthing of public importance at large. So in you case criminal complaint is to be made not PIL.

Since there is delay you need to explain as why you didnot file a criminal complaint for so long then also file an FIR with police since police will most probably refuse it, so file a complaint directly under 156(3) CrPC with jurisdictional magistrate and if magistrate satisfies he shall order investigation in same.

PIL is Public Interest Litigation by invoking writ jurisdiction of Supreme Court or High Court which is meant for contending any petition in interest of public large is involed and necessary for welfare state. In my considered opinin PIL is not an appropriate remedy.

Your query requires detailed examination of facts and circumstances for proper advice for further proceeds As information provided is very limited.

Hi, Yes you can file a Writ Petition but the thing is that you have to explain the delay in filling the Writ Petition after a gap of 14 years.

Hello,

Yes you can file a writ of Mandamus in the HC seeking specific direction to order for proper investigation.

Hope this helps.

Regards.

It is not PIL, you can file a writ, but since it is too late, the body, if buried, cannot be exhumed at this stage.

You may give strong reasons for suspecting his death with substantial proofs supporting your suspicion.

File a petition before high court, let the court decide to entertain or reject your petition.

1. First of all lodge a police complaint about your father's unnatural death.

2. Send copy of the complaint to the D.C./S.P. after few days.

3. If police refuses to register a FIR based on your said complaint, file a Writ Petition before the High court against police inaction praying for a direction upon the police to register FIR, investigate and act as peer law based on your said complaint.

Firstly, to file a PIL there must be a general issue which is not in your case.

Secondly, but yes if you can’t explain the situation and reason of your father’s death then I might help you to put that directions for the police and state to follow which would be general in nature along with the jig level Enquiry of your case.

Hello,

I understand your reason, but these reasons are not legally viable and no court will entertain a request to do the investigation after 15 years of the incident for the reason that all the witnesses and evidences looses its efficacy with time.

Regards

See the report for a crime can be made any time since time has passed you can still file a complaint with police if they are not ready to take up cause under 156(3) crpc you can approach magistrate but the thing is as time had passed your father is cremated the reason of death now cannot be ascertained still based on any suspicion tou ask for investigation that is your right but it too hard to get any result then also you should try if you have any cercumstancial evidence there to believe that he might not died of heart attach.

Frankly after lapse of 15 years court would not be inclined to entertain your application for investigations into your father death

You said that, Back in the year 2003 he had gone to our native place in Bihar and did not return alive, so the incident took place in Bihar? Doctors were consulted in Bihar? Who gave the death certificate? Was there any reporting done before the police?

While giving the death certificate, did the doctors gave any report? Or was there any postmortem report?

In 2003, did you or any member of your family or members of the trade union or supporters of your father lodged any complaint for investigating the matter?

If there was no such proceedings, then at present you can file a PIL. If the Court orders for investigation, then only the investigation will start.

The reasons what you have stated for not taking any action on this so far are not legally valid, the sentimental reasons and taking your own time for this is just nothing but a lacuna.

Your petition after such a long delay, may not be entertained also, however this will not restrict you from attempting.

You can discuss with a local advocate practicing in high court and proceed if it is found feasible.

As i said, file complain through court,

1. Is your elder brother is the said step brother whom you referred as accompanying your father or he is another person?

2. Do you smell a foul play in the death of your father?

3. For cremating any dead body, doctor's certificate is required which certainly was availed by your family while cremating him. What was written therein as cause of your father's death?

4. However, first of all you shall have to start investigating yourself about the actual cause of your father's demise and if you find any loophole anywhere then only you can seek further investigation for which you shall have to lodge police complaint alleging foul play.

5. No investigation can be legally sought on assumption.