Culpable Homicide -- Death of a Freedom Fighter
Many years back, almost thirty -- when I was barely a teenager---my father's business partner in a city in Maharashtra, duped my father of lakhs of rupees --saying the money had to be paid to a top Maharashtra politician; else the business will close down (small scale industry).My father trusted and gave the partner about 8 lakhs which is equivalent to about 4 crores of today.
The partner whom my father trusted was lying (about the money to the politician) and deceiving and defrauding my dad to steal his money, despite knowing my father was a heart patient with severe angina and heart disease.
When few days later my father learned that his partner had deceived him, he went into a shock and suffered repeated heart attacks (3) in span of 30 days and thereby died....heartbroken and betrayed.
He was an HONORED FREEDOM FIGHTER of the country. Now thirty years have passed, but a horrible crime was committed. Is there any chance that the culprit, who is still there, should be booked under sections of IPC, Cr.PC and investigated? I am sure the police will learn lots of shocking details once an honest investigation takes place. Can an FIR be registered and a police case initiated against the man who stole my father's money and caused his death? If yes what's the way to go about it? He is now squatting (encroaching) on our ancestral property!
My father had fought valiantly for India's freedom and was honored by Sanman Patra by the state government in recognition of his services to the nation. The freedom fighter, his children and his widow deserve justice...Please advise, please help.
Asked in Criminal Law from Pune, Maharashtra
It is too late to file any criminal or civil cases against him. Thirty years delay can not be condone.
If he is trying to grab your property or doing any thing wrong against you or your family members then you can file criminal case or civil cases against him before court or police under ipc, crpc or cpc
Advocate, New Delhi
Extremely sorry for your dad who had to undergo such a tragedy and a deceiving partner. However, there don't seem to any solution for whatever happened to your dad thirty years ago.
//He is now squatting (encroaching) on our ancestral property!//
About the remedy, first, do an FIR regarding any such activities in your legal properties.
Advocate, New Delhi
YOu give a complaint to CBI or file a private complaint saying that police is not taking action and registering the case and lagging investigation immediately magistrate will ak to investigate the same.that is the only way. file a cheating case against him
For the crime he committed 30 years back he can still be prosecuted and punished if you have proof of the crime and further channelise your efforts in the right direction. How was the amount of 8 lakhs given by your father to him? A lot depends on the nature of proof in your possession which points towards the violation of law by him 30 years back. Undoubtedly, it will be difficult to get him punished as the elapse of 30 years in initiating the necessary proceedings will be maneuvered by him to his benefit, but if you are able to plug all the loopholes in your case then he can be made to feel the heat in the court. The great bulwarks of law have been laid down in cases which were considered to be indefensible. You should consult a lawyer, acquaint him with the background of your case and show him the proof (if any) in your possession so that he may advise you the legal recourse which may be be adopted.
As regards the attempted encroachment on your ancestral property, the legal remedy is to move to court and obtain a stay order against him which will then stand like a rock between him and the periphery of your ancestral property. Simultaneously you should file a criminal case against him for attempting to encroach on your property.
As per CrPc sections 468 and 469 th criminal offences have become time barred.It is unfortunate that we have no legal remedy regarding the crime committed 30 years back.And besides this the reason for such view is that after the elapse of such a long interval the proofs become unavailable and an investigation almost unviable.
Now regarding encroachment on your ancestral property you have remedies like approaching the court to restrain him and file a police complaint for the police to investigate whioch can pave way for a crminal complaint.
In my view, though the chances of success in punishing him after thirty years through court of law are very bleak even at the stage of registration of FIR, even then there is no harm in making an effort for the same. Regarding encroachment of your property, file suit for declaration and injunction and obtain injunction orders.
Advocate, New Delhi
what you were doing for thirty year. sorry now it is time bared,. you may legal action if he is doing anything illegal now
Advocate, Greater Noida
1. It is not possible to get any relief,
2. Apart from what has been stated above by other Ld.Experts, I view the case from another angle as giveb below,
3. Giving huge money to a politician without taking receipt for saving own's company is nothing but bribing or paying ransom which illegal,
4. An illegal act committed while committing another illegal act can not be complained,
58. Hence your case is not maintainable.
It is unfortunate that your dad's death was caused by his friend's actions.But To initiate a legal action now there is no scope, it will be a waste of time & money.it is mainly due to two reasons.
1. The payment was made as a bribe which is an offence. whatever may be the circumstances it can not be justified legally, as this has to be proved to put up a case.This must be the reason why your father could not do anything to recover the money .
2. The complaint will be time barred after so many years .