File a criminal complaint in the Court of Magistrate, a direction will be issued to police to investigate, register FIR, file charge sheet after producing the accused in court. Such complaint will make your case stronger and will help in obtaining bail. The offence under which bil is accused are non-bailable, you need to file a bail application and obtain bail from Court of Sessions as offences are triable by Sessions Court.
My Brother-in law arrested with sections 377,376-D
All lawyers (Whoever is reading this) seeking help, My sister's husband is arrested (now in JC) under sections (377,376-D,420, more sections) and FIR was lodged under political motivated/influenced and to take the revenge by a woman which is clearly mentioned in the WhatsApp call record. And the extortion money was asked by the agent (A goon, he is supporting the lady) in the cabin of senior police inspector at the police station (which is also recorded in CCTV, I don't have the proof of that yet), he threaten my brother-in law (when he was in PC) in front of sr police inspector and demanded extortion money to settle the case. We don't have the asked money by extortionist and my brother-in law is innocent. Police is not registering FIR against that Goon, what are the options, we should look into? What shall we do?
Asked 3 years ago in Criminal Law
Religion: Hindu
7 Answers
You can file a complaint un the court seeking directions to the police to register case against the wrongdoer. You can also file an application for directions to police officials to preserve and produce the CCTV footage in the court. Rest can be suggested only after going through the FIR and the evidences you have.
Apply for and obtain bail from trial court
2) enclose transcripts of call recordin wherein agent and senior inspector are demanding money
3) complain against inspector to commissioner of police
If your complaint, which contains documentary evidences to prove your allegations, is not entertained by police then you can approach higher police officer with a similar complaint and request to direct the concerned police to initiate proper legal action on your complaint.
If the higher police officer also fail to take any action on your complaint then you can file a petition under section 156(3)Cr.p.c before judicial magistrate court seeking direction to the concerned police to initiate proper legal action against the pending complaint.
under these circumstances, you need to approach the magistrate and get an order from him/her directing the police to register an FIR.
First seek bail for brother and later try to file quashing in HC.
- If the police is not lodging an FIR , then your sister on behalf of her husband can file complaints to the police station and higher police official
- Further, if they are not receiving the said compliant then she can send that complaint by post to them after keeping the postal receipt
- Further, if no response within 10 days , then she can file a compliant before the Magistrate in the Court of her area under the section 200 read with section 156(3) of Criminal procedure code
- The magistrate having his power to call an investigation report from the concerned police station , and sometimes before calling report , the court passed an order for lodging an FIR.
