Crpc 107-151
Neeraj Jha
(Querist) 20 September 2016
This query is : Resolved
Dear Experts,
My friend live in Pitampura Delhi, his wife was alone at home suddenly from the neighborhood some 3 women and one men came and hurt his wife, then she was hospitalized and doctors mentioned normal injury/scratches in MLR, Police taken up statement in hospital.
the accused women reported to police to lodge IPC 354 complaint against my friend (the husband of victim) and police played a game, police lodged CRPC 107-151 against my friend and his wife, and against only one neighboring women.
SDM granted bail to my friend and after approx 5 months he released my friend because police could not prove anything against my friend and his wife.
Now under article of 21, can my friend take any action against to Police to lodge a fake complaint??
Thanks
Raj Kumar Makkad
(Expert) 20 September 2016
Ye. He can but what about the main issue wherein his wife was beaten by assailants in trespassing his house?
Neeraj Jha
(Querist) 20 September 2016
it was issue of their small children, not recorded
adv.bharat @ PUNE
(Expert) 20 September 2016
Main issue may be resolved prior to any action.
Ms.Usha Kapoor
(Expert) 21 September 2016
Dear Client,
You can take stringent action against the police as per supreme court and various High court decisions on account o their corrupt practices , getting things done bowing to influence etc. I'm citing a Delhi court Judgement.
0 0 Google +2
Written by Kaunain Sheriff M | New Delhi | Published:November 12, 2014 1:29 am
Acquitting a man of the charge of rape, a Delhi court on Tuesday pulled up police and directed that proceedings be initiated against “erring” officers for allegedly fabricating evidence in the case.
Stating that it would convey a “loud and clear” message to all police personnel, Additional Sessions Judge (ASJ) Pawan Kumar Jain directed the reader of the court to file a complaint under Section 195 of CrPC against Sub Inspector Chanchal and Constable Jugal Kishore for the offences punishable under Sections 193 of IPC (punishment for false evidence) read with Section 192 of IPC (fabricating evidence).
“To make the investigation more transparent, impartial and free from bias, I am of the view that the court should proceed against both the erring police officers… I am also of the opinion that no further inquiry is required to proceed with the matter against both the officers,” the judge said.
Rajendra K Goyal
(Expert) 22 September 2016
It is better to avoid any action on police, they have acted on the complaint from oposit party.
