• Police asking daily attendance for last 1.5 years, 3.5 lacs bribe

My husband is at fault and influenced by movies and bad group of friends he committed a crime wherein damage of Rs. 20 lakhs was caused to the other party. Though 5 people were involved in this, 2 absconded. Since last one and a half year, the police has asked my husband to come daily to the police station to mark attendance.  Earlier it was told that he should pay 2 lacs to the aggrieved party and they will close the case, then it went on and on.  Till date we have paid 11.5 lacs to the aggrieved party. This money is being paid to the aggrieved party to cover their loss.  However, we have no idea if the remaining amount is being taken from the others or not. My husband does not allow me to get involved in this as he thinks that the police are doing a favour and I will spoil everything for him. I have sold my house, taken personal loans and paid this 11.5 lacs. It was told by the advocate that once this amout is paid, daily attendance will be stopped. However, now the police is asking for 3.5 lakhs because everyone in that police station from ACP to PI to Hawaldar have to be given their share to close the attendance.  Our advocate approached the judge but the judge says that it is police to decide about attendance and he cannot do anything. Please advise what can we do to come out of this. We are living a terrible life since last 1.5 years, not able to live nor die. Have such huge loan to pay and now more 3.5 lakhs for police bribe I cannot afford. But my husband is very scared of going against the police because he feels they will not allow the case to be quashed if he disobeys them.
Asked 2 years ago in Criminal Law from Pune, Maharashtra
1/ Your case seems really curious one as what you state is certainly not permissible in law.
2. The police can not determine to time or frequency or need to attend the police station by the accused person.
3. It is the court which imposes such condition and that too only at the time of granting bail.
3. After some time such condition is waived by the court if applied for.
4.If the court does not do so, the accused person can move to sessions or high court for waiver such condition.
5. Once the case was started there was no way the police could close the case.
6. If you gave the money then you should have make compromise so that the complainant  could have withdrew the charges against your husband.

Talk to another lawyer and get better advice. You seem to have been ill-advised.
Devajyoti Barman
Advocate, Kolkata
5229 Answers
54 Consultations
4.9 on 5.0
whatever you have stated seems going wrong way and not permitted in law. so long you succum to illegal demand police put more pressure for oblique motives.
you have not been advised properly. have courage move to court even higher court for reliefs.
if other party agrees you can settle through court mediation and intervention. need expert and honest lawyer for correct guidance and proceedings.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
You have entered in to agreement with the corrupt police as well as  the person whom you had paid amount  . The police person is taking un due advantage of your position and coercing  you and extorting money by  putting u i, fear of daily attendance which is absolutely illegal and malafide. Immediately file a writ in High Court against  this unscrupulous  police personells for their alleged role of torturing you 
for such a long period of time and to prevent such mental as well as physical torture, inform the anti corruption cell of  your state and report against these corrupted public servants, as well as inform CBI.
Soumya Kundu
Advocate, Kolkata
87 Answers
0 Consultations
4.5 on 5.0
Your husband has pampered the cops by acceding to unlawful demands raised by them. The misery is compounded by a seemingly incompetent lawyer who advised you that police alone is authorised to decide the frequency of attendance. Under no law in India police is authorised to obligate an accused to present himself daily before it. A court of law alone can determine the frequency of attendance before the police. Has the court imposed any such condition? If no, the action of police is illegal. Your husband has abundant legal remedies to wriggle out of the misery he has landed himself in. He may move to High Court to seek action against greedy cops and for being relieved of the obligation to present himself daily at the police station. Unless and until he musters courage to act against police status quo will continue.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Things are not clear to me,

2. Police stations are not Courts to decide about any body's attendance. Court only decides about it while grmting bail,

3. Has any crminal case been filed by the Police? Has the case appeared before the Court?

4. If no case has been filed by the police & your husband is going on paying, then it appears to me that your husband has been taken for a long ride by the Police & your Advocate,

5. Hope your husband has kept all record of the payment he made,

6. Post detailed fact to answer properly.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
If your allegations are true then it is really shameful and heinous crime against the society.
Do lodge complaint against the Judge in high court and vigilance department.
Challenge the order of sessions court in high court. You are not getting any relief from the sessions court.
Devajyoti Barman
Advocate, Kolkata
5229 Answers
54 Consultations
4.9 on 5.0
It seems that the lawyers with whom you have dealt represent an unscrupulous elite in the legal fraternity who breed on an abject violation of every rule of ethics. 

I have appeared in numerous cases against judges but never been disqualified from the bar. No lawyer can be disqualified from the bar unless he has been convicted by a court of law or held guilty of professional misconduct. 

Your husband should dump his current lawyers immediately. Let him engage a competent High Court lawyer who can rescue him out of this. As I said earlier unless your husband has to show courage, else he will never be able to come out of this vicious cycle.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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