can i ask for cid enquiry in 304b case
munna
(Querist) 15 April 2011
This query is : Resolved
wife died by hanging in the 6th month for the date of our maggiage.cause of her death was loss of her pregnency.she was in depression as she lost her pregnency.my father-in-law also knows the fact,but with the sayings of his another son-in-law he registered a case on me along with my parents under section 304b.after coming fronm remand on bail,i have come to know that this case is for dowry death.seeing the aligations they have made in the compliant i am really upset,as i dont not take a single pie as dowry.all the points mentioned in the complaint are wrong and i can prove it.but they are rich people.if they influence any one,what about me?so, i want to ask the court for cid enquiry in my case.does the court accecpts my request.me and my parents are ready for any investigation.weather it may be cid or narco analysis test as the section 304b is misused in my case.plz give help me by your valuable advices for getting justice.
Kiran Kumar
(Expert) 15 April 2011
change in investigation agency is not a matter of right...however if the investigation agency is biased or acting illegally beyond law then you can approach the Hon'ble HC for transfer of investigation to some other independent agency.
the parameter here will be strict....but I must advice if the things are not really wrong then have faith in the system and prove the things in court.
Naresh Kudal
(Expert) 15 April 2011
I do agree with mr. kiran kumar.
munna
(Querist) 17 April 2011
respected kiran kumar sir,i am the person who asked for the advice in 304b case for cid investigation.thanks for your valuable advice.in your advice you mentioned that i should have the faith in the system,but in my case all the investigation made by the police department is false.they just made a copy of the complaint given by my father-in-law and pasted it in the charge sheet.its like copy paste.
according to cr.p.c 161 the investigation officer should visite the secene of offence and ask the details from the neighbours in person.but in my case the assistant comissioner of police or circle inspector didnot take the sayings our of neighbours in written.then how can i have faith in the system.plz advice me how to tackle the unlawful procedure implimented by the police department?
