Rohit 03 May 2018

Over 6 months police not submitting challan and delaying

I am Victim

INCIDENT:
In assault accident by a neighbor, I had filed FIR on nov, 2017 under IPC 326, Byan was taken in Hospital and Medical report was given to police.

BRIEF:
Police did not arrest him, and convict appealed Anticipatory Bail time to time in session and the high court in the period of 40 days. Intentionally police did not arrest him and gave time for filing Anticipatory Bail, at last when Anticipatory Bail was dismissed by High court and then after case comes in Media persons then the police arrest him in half an hour evening 4:15 pm and in rush sent to judicial custody. ( do not feel wonder not able to for 40 days and then they catch in less than 40 minutes till court. Police system )

AFTER BAIL:

The convict was in the Judicial custody of two months

While got bail from Judicial custody after two days, convict gave false application to local police chowki as that victim and his father was standing in lawn and was talking about him to that would send him jail again, and previously FIR was against him was also false. On behalf of this, Local police chowki harassed us for a week to get byan in the response to this application. ( even though we were inside the house at that time he was referred )

From his behavior and gesture, it does not seem any realization he has.

CURRENT:

now it's over 6 months, still, Challan has not been submitted by the Local Police Chowki IO ( Investigation Officer )

IO was telling after a week of FIR, that file is ready to submitted court, as not any weapon is to collect or investigation required from a convict.

two months ago, IO was telling that he sent the file to DA and he raised some objection and Now IO lingering on and not submitting the complete file to court.

It seems Other party did negotiation with IO and DA ( PP ), so they are willingly delaying the case to start.

Please Advice me as followings:

What should I do in this situation?
Is above these delaying can bad for my case?
How can I pursue this case under Fast Track court, as only one convict and one witness?
On what clause i can file dismiss of his bail?
Now when i come from the office he stares at me trying to provoke, as he next door neighbor.

I am feeling too depressed by the Indian system treating a Victim and do harassment.
Going through mental harassment every day to think over it.
Should i get justice or would be buried under part of system and police corruption.

-How to find and know lawyer is good and fit for our case. As in initially, all lawyers say we are best.

this question arises as While on regular bail appeal, our previous lawyer did not come on that date and said he has to go for attending a marriage function out of town, and we as a party lose on that appeal and other party got bail.

By this time Lawyer was paid fully. So this incident has shaken my faith.

Court to be: Lower Court

My case by State and i got the PP , But PP even though not talk with me in good manner and did not discuss my case with me in detail. Every one says PP can be negotiate with other party and may not fight properly in court.

So I hired an additional Advocate from High Court on someone ref, after taken full fee, he told me that i need to hire another junior advocate to assist him for lower court as he cannot go on every date.
he gave me reason what on non-effective dates junior advocate will go and on effective dates he will go.

So i am not understood what is Effective and non effective and why did not he told before and why now i asking more to appoint junior and told me to find someone yourself junior for lower court.

Do you feel is he talking in right manner or why so..? As a victim i am harrassed by every one , Police, system, advocate. no one is taken me in faith to get the justice.
I am so depressed now.

Please advice me: Please help me

Reply Follow

3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 03 May 2018

It is police people & IO duty to submit the report on accused.Ultimately Judge will decide for punishment to the accused on the basis of PP arguments.

Rohit 04 May 2018

Hi Thx. for reply. I knew this already.

Can i expect some constructive reply from this forum as per problem I mention in details for better understanding to you.

sachin sharma (Advocate) 27 June 2018

Hi, it seems from your story that on both occassion u paid the full fee in advance and that was the reason the interest of your advocate eloped. Effective and non effective hearing date means, when cross examination, evidence, arguement date come, then your main advocate will appear and on other days he will send to the Junior. This is the common practice, if u hire any well establised advocate and pay the full fee in advance. Second, if y have paid the fee in advance as agreed in between u and the advocate, he cannot ask u to pay extra for the Junior. If he is shifting his burden on Junior it is none of your concern.

Now comes to your query, there is no provision in crpc which force police to file charge sheet in a particular time frame and this is the most common grrievance of the aggrieved party. You can file an application in the same court u/s 156(3) to know the status report of your FIR. Alternatively, u can go to the senior police officer explaining about your FIR. If u do not receive any response from the senior police officer too, then file a writ of Mandamus in the High Court for time bound probe as FIR cases can not be left on the mercy of police.