If no witness or if witness is victim's relative
My daughter dead with suicide, i suspect a person as cause of my daughters death, when i trying to complain in police station, police officials not registering my case due to no witness provided by me. i have a witness but she is my relative, police not accepting this witness. is this correct, cant i get any justice due to no witness. kindly provide a advice for me.
Asked in Criminal Law from Hyderabad, Telangana
how can i directly approach court in this case if police not register my complaint, or is there any other way to get justice.
Asked 2 years ago
1 . Police is bound to take your complaint and register a FIR on this basis. No witness is required for that. Relative is a competent witness and police can't ignore his statement.
2. You can complaint with higher officials against local police. It should yield results.
3. If not then file a petition u/s 156(3) crpc whereby the magistrate will direct the police to register FIR. Alternatively you can file writ petition in high court against police inaction.
Oh no, has she left any suicide note behind her? If yes, you produce that in the court. If police is not cooperating then you may directly approach the court and file your complaint then the court will direct the police station to take the complaint.
You will have to move an application along with the suicide note (if any) in the criminal court I.e. Sessions court. If she has filed any prior complaint against someone which you feel may be the culprit you can name that person. You may bring your relative as prime witness.
If police is not going to take any action then first of all send the complaint to senior official of police and wait till 7 days if there is no response then file a complaint before criminal court under section 156(3) of criminal procedure code for registration of FIR along with the affidavit and complaint under section 200 of criminal procedure code.
Advocate, New Delhi
1. Police has no authority to discard the witness. It is for the court to decide whether to accept his version or reject it. At this stage police is duty bound to register the case.
2. You can move the High Court for the registration of the case against the suspect and initiation of appropriate proceedings.
1. Police can not ask you to produce witness,
2. it is the duty of the police to investigate based on your complaint,
3. Send the complaint to the local police station by speed post under copy to D.C./S.P. and there after file an application u/s156(3) praying for direction upon the police to investigate and act based on your complaint,
4. Write the name of the person whom you doubt to be responsible for the incidence with your daughter,
5. If you still do not get justice, file a Writ Petition before the High Court against police inaction praying for relief and justice.
Yes, you can approach the court directly under the provisions of section 156(3) cr.p.c. with a private complaint seeking directing to the police to take your complaint and investigate the matter and report to the court.
This will help you get justice.