• Suicide because of girlfriend

My brother committed suicide because of repeated torture by his girlfriend. They were in a relationship for the past 10 years. Their engagement held 2 years back but due to some conflict the girls family called off the engagament. They girl and boy used to meet even then. My brother tried to end the relationship but the girl used to approach him everytime. She called him to his rwnted room and they even stayed with each other for 20-25 days. After that the girl hurted his feelings saying that it was a timepass and if your life gets ruined then let it be. He has clearly mentioned the girl's name in an audio recording and suicide note and the reason for his suicide being her. He said that she has used him, made a mockery of his life and cheated him.
We have filed a complaint against the girl but even after 10 days police is not filing fir saying they are not satisfied with the evidences. Also, the ACP police of the concerned region is saying that how can he file an FIR against a girl.
Furthermore, police is saying that they have taken the statements of the girl and they will approach the "prosecution" cell with all the statements and evidences and will proceed further according to the advise of the prosecution.
Police is not providing us copy of the suicide note and they have not investigated the cell phone also.
Kindly advise us what should we do? What steps should we adopt further?
Asked 6 years ago in Criminal Law
Religion: Sikh

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11 Answers

You have an option of filing an application to the Magistrate having jurisdiction under Section 156(3) of the Cr.P.C., which is reproduced below:

“156. Police officer’s power to investigate cognizable case.— (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under Section 190 may order such an investigation as above mentioned.”

As laid down in Section 156(3) of Criminal Procedure Code, the Magistrate has the power to order an investigation by the officer in charge of the police station.

Feel free to call.

Regards

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Hello,

File an application before the magistrate under section 156(3) of the Cr.p.c with a prayer to sel direction for the police to lodge an FIR.

Get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Wait for Police to take a call as to whether FIR is to be filed against girl or not

2) if Police refuses to lodge FIR file private complaint before magistrate under section 156(3)cr pc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
94733 Answers
7537 Consultations

5.0 on 5.0

Dying decalaration is the solid evidence against him.... Police is only try to avoiding to not register the FIR cause if Fir registered they had to take an action... So uh do one thing consult and advocate personally ND send a written complaint to the SHO ND commissioner of police .... And after that file a complaint case.. under which court will give directions to the police to register the FIR .. for more info feel free to call me... No consulatation. Charges upon call...

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

1. Having regard to the specific mention of the girl's name in the suicide note this is a fit case to register FIR under Section 306 IPC for the offence of abetment to suicide. Whether or not the girl is actually guilty has to be proved at the trial but FIR has to be registered and coercive steps taken against her.

2. You can file a complaint case under 156 CrPC in the local magistrate's court to direct police to register the FIR.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hello,

1) If the Police is refusing o lodge an FIR upon information provided by you, your next resort is to file a private complaint in the concerned Magistrate court. under section 190 of Cr.P.C. He/She will either take cognizance of the offence and get the cops to act.

2) You may as well write to the Commissioner of Police intimating him about the disinterest shown by the Police in te matter , before you approach the court.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

1) If you are reporting a crime and the police denies to register your FIR on unreasonable grounds, you can make a complaint to a higher ranking officer. If the Police still deny lodging your FIR, you can make a formal complaint to the nearest judicial magistrate, who will direct the police to register the FIR if deemed necessary.

2) A police officer can refuse to file your complaint if he believes the case is of petty issue or also if they don’t have the territorial jurisdiction in such cases. Crimes are generally segregated into “cognizable” and “non-cognizable” offences. FIRs are lodged only for cognizable crimes, for non-cognizable crimes a complaint is submitted to the magistrate who in return directs the police for action.

A “cognizable” crime covers for example murder, rape, rioting, dacoity, etc, that is crimes where arrest can be made without warrant & when such crimes are of a serious nature. A “non-cognizable” crime covers for example cheating, fraud, forgery, bigamy, selling underweight or adulterated food or creating a public nuisance, that is crimes where arrest can not be made without warrant & such crimes are not of serious nature. The simplest understanding being that the call for Action is time bound.

3) Approach Superintendent of Police

If the concerned officer in charge refuses to register a first information report about commission of a cognizable offence within his territorial jurisdiction under Sec. 154(3), the informant can approach any senior officer of police or the Superintendent of Police or the Commissioner of the police with a written complaint. If, after analysing the complaint it is satisfied that the complaint discloses a cognizable offence, he may moreover investigate the case himself or give directions to his subordinate to register the FIR and initiate investigation in the matter.

4) Complaint to Judicial Magistrate

If even after submitting a complaint to Senior Police officials no FIR is lodged then the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/s 156(3) read with Section 190 of the criminal procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

hello,

file a complaint before the magistrate immediately and with the evidence which you have. the girl should be behind bars for abetment to suicide.

regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

u can file complaint before concerned magistrate court under sec.200 cr.p.c. along with earlier copies of correspondence with the police also file evidence.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

Sir you can do two things here first you can directly file an private complaint with the magistrate at the local jurisdiction and further the magistrate shall take up the matter and direct police to investigate the matter and present the report.

or alternatively you can file a writ petition before the high court seeking direction for the police to register a FIR. Since your case is sensitive and the police is not taking proper steps and further not producing the suicide not it will be better to file a writ and seek direction for police.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Since this is a very sensitive issue the police will not hurriedly take any action without proper proof.

You may have to wait.

You can follow it up regularly.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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