• Suggestion

On 16 of june 2016, i went to one of my friends house who.i know since years and who.is elder than me. I go to his house once or twice in two months. On that day around between 1 and 2 pm . My friend offered me to drink butter milk which he brought himself from his kitchen . When i drank that butter milk i saw my friend was smiling. In the evening i rushed to the bathroom twice. And my stomach started to pain a lot.  Actually my friend had spiked the drink with some sedatives . Or toxins which he was very much aware of. After that i tan from dictor to doctor for treatment and at last i was admitted to a hispital. Now i am back home and recovering from the assault that my friend made on me. The pain is still there. So my qs is under ipc 307 . How can i approach the legal system of my country to arrest this accused . Can someone assist me step by step. Can i directly approach thr High Court with petition.
Asked 5 months ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu
1) you need doctor diagonistic report about sedative administered to you  and its side effects

2) whether sedative endangered your life 

3) file police complaint against  your friend for attempting to murder you if it was poisonus
Ajay Sethi
Advocate, Mumbai
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Hello,
1) You can file a police complaint first of all if the friend of yours had spiked the drink deliberately with an attempt to murder you. If the police is convinced of the offence committed you can get an FIR filed against the offender.

2) You need to get details of your medication and the reports  of all medical examinations conducted. This will help the police in the investigation.

3) You can not approach the courts directly for such complaints.
S J Mathew
Advocate, Mumbai
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You cannot move HC  directly
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
You can file a complaint to the nearest police station whereupon the offence may be registered against him under section 307 but the delay of 3 weeks in lodging the FIR will cast suspicion on your case. It is basic law that the FIR has to be lodged at the first available opportunity. Any delay has to be explained by the complainant.
Ashish Davessar
Advocate, Jaipur
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So my qs is under ipc 307 . How can i approach the legal system of my country to arrest this accused . Can someone assist me step by step. Can i directly approach thr High Court with petition.

If you suspect that your friend spiked sedative items in the offered butter milk and misused you during the seduced condition, you with the help of the medical report first approach the local police with a complaint against him for rape attempt  or attempt to kill you for some wrongful gains from you. If the police is not responding or evasive to your complaint you may approach the higher police officer of your city with a similar complaint to intervene and direct the police to take appropriate action as envisaged in law. If even this is not effective then you may approach magistrate court with an application under section 156(3) cr.p.c. seeking direction to police to investigate and register FIR and take proper legal action against the culprit.
T Kalaiselvan
Advocate, Vellore
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Should i first approach the police first with complain about the incident. Or should i directly approach with s petition in the High court under ipc 307 attempt to.murder.

You have to approach the police with a criminal complaint and after that you may follow the steps suggested above in my previous reply. 
You cannot approach high court directly for this purpose without exhausting all the remedies available before you.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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What should i do in such a situation.

First gather all the evidences about the incidence including the medical records of not only the sedative item but also to the physical harm that was done to you or you were affected.After securing the clinching evidences you may first approach local police with a criminal complaint and then follow the further steps.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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if police refuse to register FIR you can lodge private complaint with magistrate under section 156(3) of CR PC to direct police to investigate and submit report 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0

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