Dowry harassment and cruelty by husband family
ravi
(Querist) 07 July 2012
This query is : Resolved
Originaly posted at--
http://www.lawyersclubindia.com/forum/Que-2-to-Crl-Law-experts-39459.asp
Que. to Crl. Law experts-
http://www.lawyersclubindia.com/forum/Que-2-to-Crl-Law-experts-39459.asp
Background: This is a S. 498a, 406 IPC case. As you Crl. ld. Experts already know and which even Hon'ble SC says that it is only a I.O. who can draw a chargsheet and not anyone else even officialy involved in chargesheet !
Briefs: is that through RTI to Delhi Police I got following information which are specified below:-
1. The I.O. of the case informed that he did not verify the ITR, cash flow or bank details of complainant as per his discussion with prosecution branch.
2. The I.O. of the case informed that final stages of investigation is going on as per objections and instructions of prosecution branch.
3. From prosecution branch I got the documents which show that the I.O. had not charge sheeted a husband's family despite the prosecution branch directing them to do so.
4. The I.O. informed in writing to prosecution branch that there is no evidence against husband's family.
5. In following correspondence prosecution branch insisted that husband's entire family be charge sheeted.
6. In last reply I.O. has written as per instructions of prosecution branch all the accused have been charge sheeted.
7. Finally prosecution branch has then ordered I.O. to then file the chargsheet before concerned Court.
Kindly advice what I can do now to save a husband from malicious prosecution bze in my best of crl. procedure law read with Hon'ble SC law reading prosecution branch can't instruct I.O. to make chargsheet !
However I like ot be corrected and guided with correct procedural Law read with hints of Hon'ble SC Law in hand accordingly by Crl. law experts..............
Thank you
my case is registered in Bihar
and we are in remote area
in my case the i/o is corrupt and taken a bribe of rs 50,000 from the husband family. he did not even made inquiry.
1. whether court will fully relay on i/o and give the judgement
2 if not pls quote reference or cases to refer
3. is there any possibility of changing i/o
4. for justice we met sp of dist he guide fast action despite he doing nothing and helping in geting bail to all accused and even deleted a name on false claim she being 12 yrs and heart patient but the truth is she is 14 1/2 and have no ailment we have proof.
thank you
urgent pls guide me how to tackle the situation
adv. rajeev ( rajoo )
(Expert) 08 July 2012
If IO is not investigating the case properly and if after investigation he filed false ( B ) report to the court you have a right to file an objections, so dont worry
ravi
(Querist) 09 July 2012
THANK YOU SIR
