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Mentally Harassed (Executive)     07 May 2015

How to find if case is registered

My husband had got into bad company and under influence of alcohol accompanied few friends at night and got into a fight with the security of a bank. Admist this chaos, 2 of the friends broke into the bank and ran away with 19 lakhs. This happened 2 years ago. They are still absconding. The police caught the remaining friends and out of them my husband too got questioned and beaten. Since last 2 years he is being frequently called to police station wherein they keep beating him. He does not know where those 2 absconders are. Police is questioning their family members but they too don't know. Police also arrested their family members for no fault of theirs for questioning. This all has made my husband too scared of the police. The advocate that he got through reference of his friends is doubtful but my husband trust him. The advocate has been advising my husband since last 2 years to bribe the PI, ACP, Judge and now the Sr PI. Though my husband did not take the money, he paid Rs. 11.5 lakhs to the bank through police + 3.5 lakhs to PI + 4 lakhs to ACP + 4.5 to Judge. Everyday he has been asked to go to police station to mark his attendance. The day he gets late or does not go, the police pick him up and beat him badly in the police station. The advocate produced my husband as witness to prosecution. For this the judge took 4.5 lakhs saying that he will get his attendance cancelled. After taking 4.5, the judge asked him to collect the letter from the Sr. PI. The Sr. PI is now asking for additional 1.5 lakhs. I have sold off my house, my gold, I have huge loans that I am paying from my salary but this case is not going anywhere. I have advised my husband to change the advocate but my husband is not ready. This place is a different place and not in our home-town. So my husband has no place to stay there. For last 2 years he managed anyhow for which I paid him. No one is giving him job there. He has slept at times without food at night. Currently his situation is such that his entire body is full of mosquito bites and with no food in his stomach, he is unable to eat anything even if the food is available. He cannot come and stay with me because he has to reach the police station for attendance anyhow by 7 pm or the police torture him. Distance between my house and this place is 6 hours. So he has to stay there. My question is that can I take a lawyer's help even if my husband is not ready for it? Will the court accept a lawyer from my side as I am his wife? I am planning to visit this police station to know more about this case. But my fear is that these police officers may misbehave with me as I will be travelling alone and approaching them alone. I cannot take help from any of my family members and no one will come because in our family police-court is unheard of. Should I hire a lawyer? Will the lawyer be able to get information of this case from police/court without my husband authorizing him to be his lawyer? I don't want to get cheated by lawyer who will misguide me and take money from me and then give me all sort of excuses. Hence, I want to first take your opinion whether I should visit the police station first or hire the lawyer first. Please advise.


Learning

 58 Replies

Jeetender Gupta (Advocate)     07 May 2015

In some jurisdiction FIR can be viewed online. Check for that. Either case given the gravity of offence, it is advisable to get a lawyer engaged for monitoring & advising the case.

Sudhir Kumar, Advocate (Advocate)     07 May 2015

My husband had got into bad company and under influence of alcohol

 

 

Alcohols is not known for good company booster.

 

Sudhir Kumar, Advocate (Advocate)     07 May 2015

accompanied few friends at night and got into a fight with the security of a bank.

 

They got no better place to fight

 

Sudhir Kumar, Advocate (Advocate)     07 May 2015

Admist this chaos, 2 of the friends broke into the bank and ran away with 19 lakhs.

 

Why it should not be believed to be pre-plan.  Why it should not be believed that he as a part of unruly assembly had prior meeting of mind.

 

Sudhir Kumar, Advocate (Advocate)     07 May 2015

This happened 2 years ago. They are still absconding. The police caught the remaining friends and out of them my husband too got questioned and beaten.

 

What else shall he expect after participating in a robbery

 

Sudhir Kumar, Advocate (Advocate)     07 May 2015

Since last 2 years he is being frequently called to police station wherein they keep beating him. He does not know where those 2 absconders are.

 

He would have told by now had he been interrogated in time without bail. Probably you were able to secure bail.

under these facts when accomplices are not caught the trial may not begin for years and this deadlock may continue for remaining part of life.

Let him pray for speeedy trial.

Sudhir Kumar, Advocate (Advocate)     07 May 2015

 Police is questioning their family members but they too don't know. Police also arrested their family members for no fault of theirs for questioning.

Where else do you think the police should search for him.

Sudhir Kumar, Advocate (Advocate)     07 May 2015

This all has made my husband too scared of the police.

Was he also so scared before such actions.

Sudhir Kumar, Advocate (Advocate)     07 May 2015

The advocate that he got through reference of his friends is doubtful but my husband trust him.

The advocate has been advising my husband since last 2 years to bribe the PI, ACP, Judge and now the Sr PI. Though my husband did not take the money, he paid Rs. 11.5 lakhs to the bank through police + 3.5 lakhs to PI + 4 lakhs to ACP + 4.5 to Judge.

A man is known by the company he keeps.  You have already spent much more than you would have spent to seek High Court orders for speedy trial.

Under these circumstances why should anyone not believe that he took no money.  He is part of unlawful assembly and jointly liable for each action of each member whether caught or not. Has he deposited looted money in bank or just bribed the bank officers.

Sudhir Kumar, Advocate (Advocate)     07 May 2015

Everyday he has been asked to go to police station to mark his attendance.

You are hiding that this is a bail condition.

Sudhir Kumar, Advocate (Advocate)     07 May 2015

The day he gets late or does not go, the police pick him up and beat him badly in the police station.

What else do you think police should do.

 

Sudhir Kumar, Advocate (Advocate)     07 May 2015

The advocate produced my husband as witness to prosecution. For this the judge took 4.5 lakhs saying that he will get his attendance cancelled. After taking 4.5, the judge asked him to collect the letter from the Sr. PI. The Sr. PI is now asking for additional 1.5 lakhs. I have sold off my house, my gold,

Witness against whom. According to you the trial has not begun Has he become wada mafi gawah.

Sudhir Kumar, Advocate (Advocate)     07 May 2015

have huge loans that I am paying from my salary but this case is not going anywhere. I have advised my husband to change the advocate but my husband is not ready.

No way to save a man who has conspired with misfortune. WHy should he agree  to good advise as long as you areearning and paying forthe game.

Sudhir Kumar, Advocate (Advocate)     07 May 2015

This place is a different place and not in our home-town. So my husband has no place to stay there. For last 2 years he managed anyhow for which I paid him.

 

It was his choice to get drunk there and participate in crime. No one is giving him job there. How can you expect someone to give job to accused of robbery.


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