• Suicide case FIR and arrest

Hi,
My younger brother committed suicide and left a suicide note naming his wife as the reason.
I put up a complaint on  to the Thana but Inspection Officer(IO) hasn't filed any FIR. 
I did a complaint to DCP office again but IO has still not done FIR.
1)What should be done to get FIR at the earliest ?
2)What should be done to get the girl arrested as soon as possible?
3)Girl had some previous affair and was also taking depression pills which her family members hide from us. 
What all sections(dharas) are applicable on girl and her family based on suicide and hiding truth facts? 
4)It also came to our notice that the girl side might go for Anticipatory bail and quashing of FIR in high court.
What should be done to prevent both Anticipatory bail for girl and quashing of FIR?
5)Also girl side had given some cash ,jewellery ,how to return it ?
Asked 11 months ago in Criminal Law from Delhi, Delhi
Religion: Hindu
1)What should be done to get FIR at the earliest ?
If the police is reluctant to register the case or FIR, you may file a private complaint with judicial magistrate court under section 156(3) cr.p.c. seeking its direction to police to investigate and register FIR.



2)What should be done to get the girl arrested as soon as possible?
She cannot be arrested without a FIR registered against her.



3)Girl had some previous affair and was also taking depression pills which her family members hide from us. 
What all sections(dharas) are applicable on girl and her family based on suicide and hiding truth facts? 
Section 306 IPC will be applicable, by which: If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.




4)It also came to our notice that the girl side might go for Anticipatory bail and quashing of FIR in high court.
What should be done to prevent both Anticipatory bail for girl and quashing of FIR?
You may file an intervene petition during bail hearing and record strong objection to grant of AB and also in the counter for quash you may strongly object to the petition.



5)Also girl side had given some cash ,jewellery ,how to return it ?
Let them ask for it then you can return it in the presence of witnesses of both the sides under an acknowledgement from her side.



T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
Hello,
1) If the police is refusing to file FIR despite your efforts in insisting the same you can approach the Magistrate court with a private complaint and the police will be directed to investigate and report and that entails filing an FIR as well.

2) If FIR is filed in the circumstances the police is bound to arrest the girl or take her into custody for interrogation. You don't need to take any steps.

3) They can be charged with abetment  to suicide. As far as addind relevant sections pertaining to the specific circumstances is the discretion of the police.

4) Anticipatory bail is an option open to any accused. You can engage an advocate to assist the prosecution in opposing the bail. The quash petition will be tried on meit by the court. You can assist the prosecution in opposing the petition to quash when it comes up.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1. You can move the High Court for seeking registration of FIR for abetment to suicide against the persons named in the suicide note left behind by your brother. When the investigation commences she may be arrested. 

2. It is her right to apply for anticipatory bail to preempt her arrest and also for quashing subsequently but this does not stop you from proceeding against her. As and when she files for bail and/or quashing you can contest it through your lawyer. 

3. The jewellery can be offered to be returned through a lawyer's notice to her.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
1. File a petition in local Magistrate's court u/s 156(3) CRPC so the Magistrate may instruct SHO to register FIR.
2. After some time file petition seeking status report in the same Magistrate's court.
3. Same section applies against his wife and in laws.
4. Oppose her prayer for AB in court and oppose her prayer for quashing as well.
5.Remain silent on this for the time being.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. file a complaint u/s 156(3) of Cr.P.C. before the magistrate for registration of FIR.

2. after registration of FIR the IO is duty bound to investigate the matter and if required arrest the accused.

3. section 306 of IPC will be applicable.

4. appear before the court when you received the notice and argue the matter and raised objection, take the help of lawyer.

5. which type of cash & jewellery?????
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
1) If police are refusing to register FIR file complaint before Magistrate Meer section 156 (3) to direct police t nvestigate and submit report 

2) case for abetment of Suicide under section 306 of IPC would be made out 

3) only if FIR is filed can girl move courts for anticipatory bail  
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1. Send a complaint letter to the local police station under copy to the local S.P./D.C of police by speedpost and collect the track report for delivery through internet,

2. If the police refuses to take any action, file a writ petition before the High court against police inaction,

3. Since your brother, who had taken the cash/jewelry,  has died it is not your responsibility to return the same,

4. However, if you still wish to return the same, send her a notice asking her to take back her articles from you within next 7 days by acknowledging the receipt of the same.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0