Disobeying court direction

J.C.Mishra (Querist) 12 May 2011 This query is : Resolved
Sir,
My relative has been shot by some miscreants when he was at his shop. Fortunately he got saved and the bullets hit his leg that arised due to some land related problems with the opposite party. He filed an FIR naming five accuseds and booking them under relevant sections of IPC and Arms Act. But the police arrested only 01 person and now the police has filed charge sheet on him only. The name of this man featured last in the FIR.But the main culprits who featured fin the top of the list are still roaming free because the main culprit is a worker of the state`s ruling party. On seeing this situation he filed an application under 226 in the HIGH COURT for a direction to the SP concerned. Court directed the SP to look into the matter and take action against the accuseds . After getting the order copy he immediately filed one complaint with the SP enclosing a photocopy of the order. 15 days have been passed from the receipt of the complaint from the office of the district SP but still the rest accuseds are roaming free and repeatedly trying to threaten my relative to withdraw the case. Please advice me what shall I do so that to the accuseds can be put in jail and in order to have a fair probe into the incident.

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A V Vishal (Expert) 12 May 2011
If the threats are continuing complain to the IG/DGP with a copy to the Home Minister and if they still continue threatening complain to the court making all the superiors and the home dept as party to the complaint.

Guest (Expert) 13 May 2011
I agree with the advice of Mr. Vishal.

prashant pundhir (Expert) 14 May 2011
Big...big....big legal mistake and also there is not any clarification for it.Directions have been passed from the high court to the S.P.,but either they served properly ?No....as according to you .Firstly the xerox copy is not valid and secondly the method is not proper .Give the certified copy of the directions of the high court with an affidavit along with your application and get the received of the same .Send the copies of the same to the other senior officials for information and action .
As the charge sheet have been filed and the rest accused deleted,so move an application u/s 482 cr.p.c. to the high court for the re-investigation of the case and if possible,from any independent agency or by any higher official .

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