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 in Criminal Law from Pune, Maharashtra
I will like to add here that in this 1.5 years, police has on and off taken him into police custody. He has been beaten too. They have threatened to put all sort of IPC on him and hence he is scared to complaint against police. Last time they beat him a lot, so the next time my husband paid them money so that they don't beat him again. Now he says that after paying 11.5 to the aggrieved party, police will not take him into custody. However, to stop daily attendance they are asking for 3.5 lakhs. This place is far from where we stay so my husband is not able to leave that city because of daily attendance. So we paid this 11.5 lakhs so that he could come back and then we could had let the case be fought in the court. But by not cancelling the daily attendance, the police is only making situations worse to pressurize my husband to pay them bribe. My husband feels nothing can be done and this is India and this is only how the system is, etc etc. He has been completely brain-washed by the police and his advocate. Is this really how it is supposed to be? Can police ask for daily attendance by themselves? My heart curses these bribe taking police and don't know how their family can enjoy such ill-gotten money.
Asked 3 years ago
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.
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.
Advocate, New Delhi
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.
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.
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.
Thanks everyone. As I said my husband has been brainwashed by the advocate. What I got to know from him now after probing a lot is that the advocate approached the judge and it is the judge (and not the police) was has asked for the money because the judge says that everyone from top to bottom (policemen included) will have to be given the share. And my husband has given up because the judge himself is asking for bribe and he has been told by the advocate that judge is the final authority and no one can go against him. What I realize is that this advocate and judge have planned this and the advocate too would be getting his share and this advocate is happily acting as a broker for this judge. I have told my husband that this being a session court, the judge may act unethical, but we can approach the High Court where we can expect judges to be less greedy as they may be earning decent salary from the government. But my husband is not ready to take any step against this judge because he keeps saying that if judge becomes angry then he can put even innocent people behind bars and in this case my husband is not even innocent. What I am more scared is that we have used up all our resources to pay 11.5 to that aggrieved party through police and now we have no more money and being pressurized my husband will commit more crimes in a haste to collect this big amount. Thus, judge and police who are supposed to reduce crime are responsible for getting people to commit more crimes. I seriously feel like complaining to ACB about this judge and his gang of police, but then my husband will blame me if anything goes wrong. And if judge himself is corrupt then what else to expect from others. I remember, one time in an accident case, the lady judge of Mulund session court sentenced an old lady to police custody though I kept pleading that I have no complaint against her and next day she was relieved only after I was made to pay Rs. 4000 to the public prosecutor. I am sure the public prosecutor would had given share to this lady judge. Later I told my lawyer that I want to file a case against this lady judge and his answer was that it is not advisable and no other lawyer will take the case too or else they will be disqualified from the Bar. That lady judge and the public prosecutor would had paid their children school fees with this bribe. I still get very angry when I think about that lady judge. My husband is not ready to go against this Pune session court judge and I have told to him not to expect any help from me to pay bribe to these greedy anti-social people.
Asked 3 years ago
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.
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.