I lodge a fir at 30 Nov 2014 u/s 308,325,323,504,506 and 3 ( 1 ) ( 10 ) sc / st ACT. But police submitted the charge sheet at 13 july 15 without arresting of accused as shown accused signed 41 A crpc notice at 22 may 2015.
But accused move to high court of allahabad for arresting stay which is dismissed by court at 23 Feb 2015 and they not comply previous 41 A notice.
AS per direction of apex court in case Arnesh kumar
(SLP 9127 of 2013)
(1) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing; (2) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;
But investigation officer does not comply any direction and accused move for arresting stay is shown that they are escaping form arresting.
Q 1 what can I do in this case for ensure justice?
Q 2 can any step taken against investigation officer?
Pl advise me best option.
Asked in Criminal Law from Kanpur, Uttar Pradesh
1. Since charge sheet has already been filed nothing much can be done any more. Had the charge sheet was pending then you could have filed writ petition in high court against police inaction.
2. You can lodge complaint with the higher officials of the Police against the lackluster investigation done by the IO.
If after the bail the accused person intimidates you, you can apply for cancellation of bail.
you may file a contempt of court petition before High Court or Supreme court against the police official/IO
apart from this you may also file a criminal complaint u/s 166A of Cr.P.C against IO
Advocate, New Delhi
1. If the police did not arrest the accused you should have sought the intervention of the court immediately, more so when the HC had on 23rd Feb denied him a stay on arrest. Now that the chargesheet has been filed it is too late to move the HC to seek the arrest of the accused.
2. No action can be initiated against the investigating officer unless the court holds that he failed in his duty by not arresting the accused. There has to be a judicial finding to the effect that the IO did not perform his duty.
1. Arnesh kumar's case is based on different footings. directions devised by the Supreme court in Anresh kumar's case shall not apply in your case. It is related to cruelty cases under sec 498-A ipc.
2. section 41-A empowered the police to give notice to accused for their appearance before police and co-operate in investigation in the case when police does not arrest accused under sec 41.
3. offence under sec 3.1.10 is punishable with maximum imprisonment of five years, so police can't arrest him unless any fact exist which is mentioned under sec 41 crpc. but when accused does not comply notice under 41 A then he shall be arrested immediately.
1. take attested copy of order sheet of minimum 6 months and file an application before session judge and seek warrant against accused.
2. order sheet is necessary to prove that police does not perform his duty and take adjournment at every date.
3. if session rejects your application then move to High Court for expedite order that case should be tried without giving any unnecessary adjournment.
If the gross violation of law is observed, first obtain information or status of the proceedings pending with the IO through RTI Act and then decide next course of action against the erring IO. If intentional deviation or negligence is observed, the matter can be escalated with the higher police official or if the court orders have been flouted, then contempt of curt action can also be initiated against the police for not obeying the court orders.