Police complicity with accused
I am a 78 year old widower with no children or own house. My landlord family owed me Rs 4 lakh. When I demanded the money, they booted me out on 28.2.13, and occupied my house with all my properties. Immediately I made police complaint. Police did not allow me to enter the house. This condition is still continuing.
Some months after my complaint, the criminals gave statements to police that they have paid me back my money and handed over my house properties. The whole village and the police themselves know, it is a reckless lie.
I have given police two names of accomplices and the reg. no. of the vehicle used to cart the gains of the robbery.
As police was hostile, I filed a Criminal Petition for direction in the HC on 31.7.14. After CJ"s intervention, on 24.6.15, HC directed police to complete the enquiry “within 4 weeks ….” If cognizable offence is made out .......”
Now police seems to have filed a FIR and then closed my complaint as false.
How can I meet this challenge our legal system poses to weak people like me?
Asked 2 years ago in Criminal Law from Madurai, Tamil Nadu
Well, since the police has filed closure report you will get chance to oppose it
File a protest petition and ask the court to convert the case into complainant case u/s 200 crpc as order of re investigation by the same police will yield no effective result.
In the complainant case you will get chance to prove your case by bringing the witnesses. Since Police has no role to play you can remove their nuisances.
It is a direction by court to police hence the police though may appear to be afraid of court and law, actually they have very scant respect for not only court/judges but also to law of he land itself.
If a police man decide to punish anyone he will ensure that the victim suffers to the core but the same police can never save anyone from trouble because he will risk himself to pull out somebody from the clutches of anti social elements or the troubles he/she faces due to that.
In your case if you find that this is not correct, then you may file a writ before high court seeking investigation by special police including CBI to investigate the matter and submit the probe reports
Since you have already approached high court you should first try a protest complaint under 200 of CrPC.
Produce witnesses to depose the fact that the opposite Party had committed the crime.
Based the deposition of witness and and the evidence you can submit in documents will help you to get an order agaist the accused
File a petition for conducting re-enquiry by senior independent officers.
1. You are not on the right legal track. Instead of approaching the CJ you should have filed a lawsuit seeking injunction against the landlord and also compensation for being thrown out of the property without following the due process of law. The breach of right in your case can be redressed through civil court alone.
2. If police has closed the case then you can file a private criminal case in the court to bring them to book.