i am a govt employee and stay outside my town. i have two elder brothers. After my father's death, one of my elder brother started torturing my mother to give away property of her part and mine, as well. since he has never looked after my parents, i and my other brother opposed his proposal. now, he has put several false cases against me. Recently, i went on leave and he along with his wife, newly married son and daughter-in-law quarreled with me. In fact, he pushed my wife and broke our camera. somehow, my mother and my other brother intervened and they went away. my wife went to local police station and made a general diary on the incident and we came back. After three days, police has arrested my another brother. we came to know that his daughter in law went to police station with torn upper cloths and wounds and made an FIR against me and my brother under section 341, 322, 354, 354(b), 509, 34. My brother is in jail for last 14 days as the court has not granted bail. My advocate has applied for bail for me. Although my mother has repeatedly informed court about the fact, no action has been taken against them as the lady has medical document of admission in hospital.
Kindly advice how we prove ourselves innocent.
Asked 4 years ago in Criminal Law from Kolkata, West Bengal
1. It appears the case is not properly handled. If Police is not taking any action on your complaint then you could have move to court of Magistrate to get necessary direction for registration of FIR. It can be done even now.
2. Check where bail is applied for. It is better to apply for anticipatory bail preferably from high court.
3. You brother is in custody more than usual time. HE CAN APPLY FOR BAIL FROM SESSIONS OR HIGH COURT NOW.
Sir, The FIR has been made through court and sent to local police station. However, the culprits are still moving freely. He is threatening to fix me such a way so that i lose my job. It appears that he has somehow influenced police. We have sent a copy of complaint to district ASP and sent e-mail to SDO and DM. Since I cant go to my home town, the case is not being followed up. Should my wife go to police and inform the matter to OC ? I have been told that police automatically carry out investigation in these cases. Where should we approach for action against police being partial?
Asked 4 years ago
When your opponent still roaming free despite lodging FIR through court, you have a further remedy of filing a criminal complaint U/S 200 Crpc and another remedy by way of Writ petition U/S 482 Crpc before High Court.
you may ask status report through court or you ask to change investigation to other thana
Advocate, Greater Noida
1. How has your mother informed the court about the culpability of your sister-in-law? Court cannot take any action against the accused unless a complaint has been filed against him. Has police refused to register the complaint against your brother and his family? If yes, you may approach the High Court.
2. Your brother has already applied for bail. If he is denied bail by the court then he may challenge the said order.
3. The proper forum to seek redressal from against biased police action is High Court.
4. To prove your innocence you have to contest the case on merits in the local court.
It is a clear case of Police inaction.
Considering the gravity of situation and political clout involved herein, it is a fit case where you can move appropriate writ petition
in the High Court , Calcutta against Police inaction.
Once the High Court gives direction on Police then see how the pieces fall in places.
1. Send a copy of the complaint your wife had made to the S.P. After that, file a petition u/s156(3) of Cr.P.C. before the Court praying for a direction upon the police to investigate & act based on your wife's complaint,
2. File Bail petition for your brother & if it is rejected, file the said petition before the High Court.