Attempt to Murder
Querist :
Anonymous
(Querist) 03 June 2011
This query is : Resolved
Sir,
There was dispute of land between me and my sister. My sisters son and daughters attacked me in the court premises. Due to injury I was not able to give my statement on the date of crime instead my son who was accompanying me complained to the police as Defacto Complainant. Till date they have not recorded my statement i.e. victim's statement. My son who does not recognise my sisters and daughter and was not able to identify the people has become the defacto complainant. As a result when one of the accused was nabbed by the police my son could not identify them they were released. They could have brought the accused to the hospital for identification of the accused or could have waited for my discharge from hospital.
Why they are not recording my written statement even I am requesting that I am the victim and undergone treatment in Govt Hospital. At this stage can I become defacto complainant or complaint to register my complaint against the accused people. As per the FIR they booked the accused under 307, 506 R/W 34 Cr.P.C.but If I give the written statement another sections will be added i.e. 109 & 149 Cr.P.C. Can it be changed on my written statement.
Please clarify I would be grateful for your advice.
Thank you,
M.S.N.
Ajay Bansal
(Expert) 03 June 2011
It would be better to file a private complaint by you in court and then get it club with police case after submision of challan u/s 210 Cr.P.C.
Guest
(Expert) 09 June 2011
Yes, Police have to record your statement i.e. victim's statement.You are the victim.
I also agree with Ajay Bansal advise.Lodge private complaint.
