How to proceed against criminal act done by group of peoples ?
My father is retired govt employee and rti activist of age 65 years. in july 2015 , a dispute rose between two groups of adjoining market peoples when one group( group A) deployed( without any permission) removable pillars ( to block entry / exit of four wheelers) on both sides of main market road . it was opposed by other group ( group B) and they went to D C office who asked A to remove them temporarily and find solution to problems of both sides , meanwhile my father was also asked by both parties to intervene in matter . after 15 days of DC's order, group A again deployed those pillars without caring of DC 's orders. on 25th july my father gave complaint of encroachment to mayor office and EO office about the area in which A&B resides. on 31st august, CTM,XEN,ME of MC Hisar were sent by DC to give final report on the pillar matter . my father was also called by Group B. On 31st August, My Father SUFFERED BRAIN STROKE after coming the market where officers were present. Group A said that 3-4 Members of Group B allegedly scolded him, threatened him for life,used defamatory remarks and used force against him which resulted in his brain stroke, he barely survived after treatment in Medanta Gurgaon which costed us Rs 20 Lakhs. On mY police complaint, every one who was claiming to give statement on oath turned back on us . where do i stand in this case ?
Asked 4 months ago in Criminal Law from Hisar, Haryana
1) your father has to file criminal complain of defamation against the accused for defamatory marks made against him
2)also complaint of criminal intimidation under section 506 of IPC
3) statement of witnesses would be crucial to make out a case
What is the stage of the case? Has the evidence of prosecution been led or not? If the evidence has been led wherein the witnesses have turned hostile the court has to be circumspect to see whether the first statement was truthful or not. A lot depends on the stage of the case and the specific facts as set out in the FIR. Consult a lawyer with a copy of FIR and complete history of the case in a chronological order.
You have state that the people have already given statement on oath as witness.
So now whether the matter has reached the court or not for trial ?
If they have not attended the court , you may unofficially spread message in the circle through people that the court will take legal action against them whoever is trying to give false evidence subsequently after having given statement on oath originally.
This message when reaches the witnesses, will make them afraid of giving false statement before court when they are summoned for evidence deposition.
However please be informed that the court relies on evidence alone, if you are not able to produce evidence to the satisfaction of court then the court may acquit the accused for prosecution not proving the case beyond doubt.
My father is not able to speak or write or walk due to paralysis on right side due to brain stroke on 31.8.2015. Police has refused to lodge FIR . i made complaint to police officials including DGP haryana on 6.9.15.Peoples of group A had given statements in newspapers and assured me earlier to give statements in court but later on they refused.Only one person gave statement to DSP City During Inquiry, rest either refused to give statement to DSP or said their absence on 31.8.15 .Can i file CWP in high court against both GROUP A AND GROUP B persons on behalf of my father ? i have only evidences in form of newspapers cuttings and only one witness other than my brother who witnessed this on 31.8.15.
Asked 4 months ago
Since your father is affected and physically unable to initiate legal action against the accused, you may initiate the process on behalf of your father by taking medical certificates on his health condition. If the police is not cooperating you may file a private complaint either under section 156(3) of cr.p.c. or 200 cr.p.c. seeking direction of court for necessary legal action against the accused by the police. The press report evidences may be handy to you to prima facie prove your case in the preliminary stage.
1) wait for investigation to be completed and charge sheet filed
2) you can always file protest petition before magistrate If some of accused involved in attack on your father go Scot free
3) magistrate can direct police to carry out further investigations
How does CWP come into play here? As I said earlier, you should move the magistrate to seek the process of criminal law be initiated against the offenders.