• Proceeding in 302 case

My sister was murdered on 16.04.15 at her inlaw's place aonla bareilly. FIR no 142 was lodged by her husband at aonla police station against 3 members from neighbor family based on ongoing rivalry. Police has arrested one accused and sent to the bareilly jail.police has filed a criminal case which status is shown as committal stage at chief judicial magistrate. Next hearing date is 27.12.15. During investigation her husband was also suspected. I visited to police station to get the status about the case; investigation officer told me they have called her husband several times but he didn't appear. The case is not being followed by her in laws also and there is no significant progress in the case. My sister had 3 kid; 2 kids are living with us. Pls suggest how to proceed in this case as there is lack of interest from her in laws family who filed the case. Is it possible to go for lie detector test for suspects. Investigation officer told me that pi is going on; what does it mean. How to get legal custody of the kids.
Asked 1 year ago in Criminal Law from Bareilly, Uttar Pradesh
Religion: Hindu
1. Unless her husband is arrested as co accused person of the criminal case the custody of left out child is unlikely to come to your hands.
2. However if ensure the physical custody of the children presently staying with you , their custody will continue with you.
3. If you suspect her husband in the crime you can lodge complaint against him also.
4. File a writ petition in high court against the shoddy progress of the present criminal case.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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Hello,
1) As there is no significant progress in the case you can certainly approach the High Court with a Writ Petition regarding the lack of zeal exhibited by the police and seek the investigation o be handed over to a different agency like the Crime Branch.

2) Despite the summons from the police if the husband has not appeared and you have serious doubts about him being complicit in the crime you can file a complaint against him with the police.

3) PI could be preliminary investigation.Unless the husband is found to be an accused you may not be able to seek legal custody of the children. You can move a petition in the court seeking legal custody if he is named an accused pursuant to your complaint.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
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Even at this stage you can lodge a complaint suspecting his involvement in the murder against her husband or even against his parents. The investigation by police is already suspecting her husband's hand in the murder, so his will be useful to you to file a complaint.    If the previous complaint was lodged by her husband then the parents in law may not take any interest in following up the case because they are not complainants further her husband has been brought in the list of suspects, he may try to avoid following up the complaint.  Therefore, it is you people who should initiate proper legal action to get justice for your deceased sister.
The complaint against the husband and his parents will  be sufficient ground to claim custody of the children of your deceased sister.  You can discuss with a skilled advocate of your locality and proceed with the proposed complaint as well as the child custody case. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
You must file a FIR from your side against her husband, it'll be rejected by the police thereupon file complaint or application under section 156(3) crpc. court after getting information from the police station that an FIR is already registered, you should take lea that you want to prosecute her husband but his family members are trying to shade him and it is in the interest of justice to allow your application. Court shall allow your application and you will be a party in this case. 
After being a party to the case you will get right to conduct it otherwise prosecution will lead this case and you will be a spectator. 
   
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
1. If the husband did not appear then he should have been arrested on issue of warrants, which has not happened in your case. So clearly the investigation is being conducted in a shoddy manner.

2. Lie detector test cannot be ordered except with the consent of the individual on whom the test is to be conducted.

3. You can move the High Court or Supreme Court to ensure that the investigation does not deviate from the track. 

4. So far as the custody of kids is concerned your claim for child custody cannot survive unless you can prove that the father of the kids murdered their mother.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
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1. You are in a complex situation,

2. Her in laws are not taking any interest in the matter. It is not a crime as per law and they can not be prosecuted for it,

3. What is required is expeditious completion of the enquiry which is still at the PI (Preliminary  Inquiry) stage,

4. You can file a W.P. petition before the High Court against police inaction to get an order directing the police to act expeditiously,

5. Unless, her husband is implicated in the case, you can not get the custody of your sister's children.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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No one except court is entitled to action taken report. However you can get copy of FIR under RTI Act.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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A copy of the chargesheet has to be given to you if it has been filed in the court. It seems that you have not engaged a lawyer of your own. You should engage a lawyer to represent you in the court, he will be able to obtain the chargesheet.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
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Yes you can get the copies through RTI act too provided the IO or the police have completed the investigation and forwarded the report to court along with the charge sheet.
In fact you can get a free copy of the charge sheet and the IO report if you are one of the accused and when summoned for hearing after the police submitted the report to the court. Your advocate can file a copy application and get the certified copies too through court officially. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
In your case since you are on the side of teh defacto complainant and also an affected party of the victim, you can move an application with a third party affidavit and engage an advocate with a vakalat and file a copy application before the concerned court seeking certified copies of the Investigation report, charge sheet, list of accused, statement of witnesses recorded and submitted before court by the concerned police and the copy of FIR also.   Wait for the police to submit the reports to the court and then you can file the said application through your lawyer.  If you find anything incriminating in the report or the report submitted by the police is not effective and there are chances for the actual culprits to escape the clutches of law, you may file another application before the same magistrate court for re-investigation on the lines you suspect the actual culprits are trying to escape the law. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. If police has not filed charge sheet, how can you get a copy of it?

2. It is still in P.I. stage,

3. File W.P. as suggested above and get order on the police to expedite the process of enquiry.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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if an accused is arrested then police is bound to give charge sheet under 90 days from the date of incidence. you have right to get copy of charge sheet after its submission. wait for 90 days.
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0

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