attempt to murder
surender
(Querist) 26 June 2009
This query is : Resolved
Dear friends,
I would like to seek your valuable advice on following matter:-
My father & mother were attacked with iron rods & lathis when they tried to rescue the neibour's 20 year son from a planned attack by other neighbours to kill him.My father & mother only tried to rescue him & not retaliated, but suffered severe injuries on head & a fracture on my father's hand. They were immediately hospitalised & with god's grace their life is now out of danger after stayiny 03 days in ICU. Based on medical report, a charge sheet has been filed against the attachers under section 307. But the police has not arrested them even when 12 days have passed. From sources, we come to know that the policeman has been bribed with RS. 01 Lakh for not arresting them. I request all members to provide me the legal advice and my future course of action. Looking forward for a valuable advice...Surender
A V Vishal
(Expert) 26 June 2009
Surender,
Do you mean an FIR, Incase of inaction approach the superior officer and complain and still no action is coming forward approach the court seeking directives to the police.
Kiran Kumar
(Expert) 27 June 2009
as per the latest interpretation of arrest laws by the SC, courts can not direct the arrest of the accused, it is a duty of investigation agency to take steps in this regard.
however u can approach the high court with all doucments in ur hand, praying for fair investigation into the matter, u can also seek for the change in the investigation agency if the police authorities are acting corruptly.
but from the facts its strange that when the challan has been presented under S. 307 IPC but not arrests are made....have u read the challan?
make sure the challan has been presented against the accused, if they have been put under Column No. 2 then it means they have been held not accused by the police.
better u approach some local lawyer with all appropriate docouments.
we dont even know whether the accused are on anticipatory bail.
Kiran Kumar
(Expert) 27 June 2009
as per the latest interpretation of arrest laws by the SC, courts can not direct the arrest of the accused, it is a duty of investigation agency to take steps in this regard.
however u can approach the high court with all doucments in ur hand, praying for fair investigation into the matter, u can also seek for the change in the investigation agency if the police authorities are acting corruptly.
but from the facts its strange that when the challan has been presented under S. 307 IPC but not arrests are made....have u read the challan?
make sure the challan has been presented against the accused, if they have been put under Column No. 2 then it means they have been held not accused by the police.
better u approach some local lawyer with all appropriate docouments.
we dont even know whether the accused are on anticipatory bail.
PARTHA P BORBORA
(Expert) 27 June 2009
there is no provision on the strangth of which a Court of law direct the investigating agency to arrest a person. wheather acharge sheet was filed or only FIR was filed? if the Chargesheet was filed without arresting any accused the I/O must show the accused persons as absconders. in that situation the court will issue N.B. warrent of arrest and they shall not be allowed to bail.pl consult with the Public Prosecutor concerned.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 27 June 2009
I do agree with Mr. Barbora. Dear Author, u should contact to a local lawyer as well. For further query n help u can contact me at :-rakhibudhiraja@gmail.com
Mb-09871158578/09711364956
M Delhi based lawyer
PALNITKAR V.V.
(Expert) 27 June 2009
it seems that only FIR is filed and not the chargesheet. If you feel that the investigation is not going on in a fair manner, you have to file writ in HC to get justice by asking for suitable directions so that the case is investigated properly. Recent example is that of Padmasingh patil, Ex minister of Maharashtra, who was arrested after intervention by the HC.
surender
(Querist) 30 June 2009
thanks a lot for all you dear...i would like to make some correction in the statement i made earlier..as of now only fir is filed and no charge sheet is filed...however based on the medical report, i think section 307, 325 and other ipc sections are applicable on the attackers... based on your advice, we met the higher police officials and they responded favourably..and now the police has been coming daily to catch the attackers, but the attackers have already left the village with their entire family.. plse advice future course of action..should we approach the police to file chargesheet in the court showing attackers as absconders or any other way out...once again thanks a lot for your kind advice and being patient...
