Against cancellation of case u/s 354a
deepak
(Querist) 10 August 2015
This query is : Resolved
hello sir,
my sister lodged an F.I.R u/s 354a, but police did'nt took any action against accused and now they are saying that we cancell that case, sir nobody recorded statement of my sister u/s 164. we have the 3 recordings of i.o (lady constable) in which,she is excusing that i am in hospital/ contact to the S.H.O/ I AM GOING TO TAKE LOCATION OF THE MOBILE OF YOUR SISTER. POLICE IS SAYING THAT AT THE TIME OF INCIDENT, MOBILE LOCATION IS NOT AT THE PLACE OF INCIDENT SO WE WILL NOT TAKE ANY ACTION AGAINST THE ACCUSED. SIR, MY SISTER'S SON USES THAT MOBILE & HOW CAN POLICE ESCAPE "ACCUSED" ON THE BEHALF OF MOBILE LOCATION AND HOW CAN POLICE CANCEL A CASE WITHOUT RECORDING STATEMENT OF VICTIM IN FRONT OF JUDICIAL MEGISTRATE. POLICE IS SAYING THAT IT IS NOT NECCESARY TO RECORD STATEMENT OF VICTIM U/S 164. SIR, PLEASE TELL US WHAT SHOULD WE DO.
SAINATH DEVALLA
(Expert) 11 August 2015
What is the FIR and what is the case,come out in detail
dr g balakrishnan
(Expert) 11 August 2015
see you case is that the constable need to register cases that falls in her police station jurisdiction, else her recording is non est per law.
if you say your situation of circumstances fall in the police cop's police stn jurisdiction, move a complaint to the superintendent of police concerned that officer would do the needful. no need to worry, if your claims are right.
dr g balakrishnan
(Expert) 11 August 2015
any response is given on the basis of your issue, we are not calling any further details, please. tks
SAINATH DEVALLA
(Expert) 11 August 2015
Details of the query are important for a better judgement and a proper solution or else it will be half baked beans, and the querist is deprived of what he needs.It is the duty of the querists to post everything in detail.Legal experts are here to assist only.
dev kapoor
(Expert) 11 August 2015
Hi Deepak,
Never mind police inaction.What I have understood from your descriptive is that your sis'z case(FIR) u/s 354 IPC has been closed by concerned police agency on the ground that she could not be present at the site of alleged occurrence i.e. when offence of outraging modesty took place.
Police is competent to close case in terms of S.169 Cr.P.C but in that event 'closure report' is to be sent to CJM or JMIC having jurisdiction to try such case,as the case may be.A duty is cast on the Judicial Magistrate to send a notice on the person lodging FIR (your sis in this case) to appear before him and state why case be not closed.So you can tell JMIC each facts which police has not adequately addressed and appreciated.If you convince JMIC,he may take cognizance himself and proceed against the accused.
Second option available to you is to file a criminal complainant in the court of JMIC/CJM,who is competent to take cognizance in the matter after a formal inquiry.
But beware your complaint and witnesses/evidence should not be false.
Go ahead.
Dr J C Vashista
(Expert) 12 August 2015
I have similar opinion as advised by experts.
T. Kalaiselvan, Advocate
(Expert) 17 August 2015
Expert Mr. Dev Kapoor has given a detailed ad elaborate opinion and advice to the query, I agree to his views.
