Dear Sir, I have filed an complaint in police station (Which police considered as an application only) under section 75 of Juvenile Justice Act, IPC Section 307, 503 and 506 on following details: Brief Story / Background: 1. My wife filed 498a and DV act against me and family members.At that time it was a media trail and Police person was saying in media that he save my wife and daughter from railway track. 2. She on oath in 498a and DV said that she attempted suicide on railway track with my three year old daughter in court. 3. I have cross examined her in DV and she affirmed to the statement of attempting suicide with daughter. 4. Meanwhile during proceeding in DV, wife in open court told to commit suicide with daughter by consuming poision -- Affidavit file by me in court. 5. In one statement before police she has submitted to police that she will commit suicide with daughter if police conducts investigation, its already in police report. 6. Child custody matter filed by me is pending in court. 7. I have filed a writ in highcourt for registration of FIR under above mentioned sections but still pending. 8. Yesterday i received report from police that complaint (Application as No FIR) filed by me is been disposed off stating clearly that as this is sub-juidice matter we cannot take cognizance and as statement are being made in court and it is a court matter. Points related to Complaint filed by me: I have submitted following evidences to police with complaint: 1. Affidavit of my wife in high court stating that she attempted suicide with daughter. 2. Affidavit done in court by me declaring that my wife in open court threaten to commit suicide. 3. Examination in Chief of wife in DV case declaring that She attempted to kill my daughter with her 4. Examination in chief of wife in 498a case declaring that she attempted to kill my daughter with herself. 5. Police report stating that my wife threaten them to commit suicide with my daughter. 4. Police personal in media (video) station that they saved my wife and daughter from railway track. 5. Media paper cut outs and video in which her and my daughter picture are been published stating that she attempted suicide with my daughter. 6. Application by my wife in court stating that as Minor is being harassed in school as her fees are not paid however I am paying regular maintenance. Questions:" 1. Now police has disposed of my application stating that "this is sub-juidice matter" 2. Police has taken statement of neighbors of my wife who stated that wife is up-keeping my daughter very well. 3. Police has not done investigation on evidence like media reports, investigation officer statement to whom wife has threaten and statement of police who save her from track. 4. What are option for speedy relief to my daguhter who is under threat. 5. Where can i complain now and how FIR can got registered.
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you have already filed writ in highcourt for registration of FIR under above mentioned sections
2)hence police have disposed of your application that it is sub judice
3) you have already filed application for custody of your daughter . seek interim visitation rights pending disposal of custody application
Dear Client,
Why don`t you file court complain under CrPC and when she is direct threat to child, get urgent custody order from court.
1. Since you are focusing on her false statements on oath, only the case of perjury will lie for which the Police has nothing to do and you will have to file petition in court u/s 340 crpc for this.
2. This will help you in your custody case or you can complain with Child Commission.
3. File a writ petition against police inaction or file quashing or file discharge petition in court.
4. Expedite the trial of your custody case.
5. No FIR lies for perjury.
You can file a fresh Complaint against her and magistrate can take cognisance for the same. You can also take 156(3) crpc orders in the same. Other wise you can bring this on record in her own fir and later file Complaint after your acquittal
1. If this complaint was through a court direction then let the police file their report before court where you can protest and seek remedy.
If the child's life is under threat you can immediately move a petition before court with documentary evidences to establish your case and get your child custody case run parallely.
My wife has on oath in 498a has admitted that she attempted to suicide and attempted kill my daughter as daughter was asking continuously to go to her father (to myself). She was confronted with the question in cross examination that specify the name who has asked you to do such act of taking minor on railway track to be killed. She replied that she with her own instinct and will had taken minor on railway track.. My lawyer have an application in court under section 319 of Crpc to alter the charge and array my wife under section 304 or 307.. Is valid? Can she be tried with us or new case can be registered..? And will this affect on our 498a case...
She can only be tried through application under 340 crpc now.
your lawyer has rightly guided you and made application in trial court
2) it does weaken your wife 498 A case considerably
It appears that she has admitted certain things in the cross examination during deposition of evidence.
If at all you wold like to prefer a complaint on this, you may obtain a certified copy of her deposition and lodge a criminal complaint in the same court or with the concerned police
A new case will have to be registered against her
