bail/remand rejected by CJM
mohit
(Querist) 29 September 2015
This query is : Resolved
Sir,
I got married in may-2014.after marriage my wife had pragnancy. but after 6 moths i.e in nov 2014 she went for abortion at her house for 5.5 months baby without my consent. immediately i file a complaint case against her but did not send notice in that .after so many problems created by her , i filed divorce case in jun 2015.
so after 15 days of divorce case filation. A fir is filed against my parents and me in ipc 307/316/498A , me and my mother are staying away from my home , because my father was at my native place so on 5-7-2015 police i/o arrested him and send to jail in ipc307/316/498a. after that we force police to inverstigate. after investigation investigation officer was sho of ladies police station and she present an application before cjm to change the remand from 307/316/498a to 323/498a.
but cjm rejected that application without any proof because he has taken 1 lakh rupees bribe from my in-laws people, and stated that 307/316/498a will be continue and write to sp ,dgp and ig that inform me again this ,this investigation was not fair.
whether it is possible a cjm can deny to change the remand please sir can we take some action against him. is there any strong case for me that i may get divorce on abortion case merit.
So please leave your valuable suggestions and comments.
thanx
regards
mohit
(Querist) 29 September 2015
sir
thanx for replying... but sir io(ladies police station sho ) presented his report along with case diary before CJM to change the remand from 307/316/498a to 323/498a after changing the remand cjm has the right to give bail as per my knowledge because punishment is less than 7 years and in IPC 323 CJM can give bail.
but he rejected this and wrote in 2 pages against ladies police station sho by stating that she started case diary by changing the 307/316 to 323 ... so there is suspect in his investigation.. so he asked sp to report him... on this and said 316/307 will be continue.....
sir my question is can he do that... or can he interface police investigation.
P. Venu
(Expert) 30 September 2015
Why IPC 307 & 316? It appears that you are not fully honest with facts.
Was your father arrested after obtaining the approval of the SP of the District?
SAINATH DEVALLA
(Expert) 30 September 2015
UR QUERY IS NOT CLEAR IN EXPRESSION,BETTER OUT IT IN THE CORRECT WAY
