If police is managed by the accused and criminal case is converted into civil what should be done?
Mr. Hitendra Shah
(Querist) 11 October 2011
This query is : Resolved
In the similar Case my wife is Complainant. In my case Charge Sheet was filed and in my wife's case Police Report is filed. I have applied for the certified copy of the said Report from the court. I may get it within 2/3 days. I have come to know that Police has stated in the Report that the case is of civil nature. This is because the police was managed by the accused. U/s 156(3) order was given by the court on prim fascia evidences. The police took my wife's statement but did not give her FIR copy and the copy of her statement but after two months the Police called my wife to change her statement but my wife denied to do so and the said matter, my wife informed to the Magistrate saheb in writing, sending this letter through courier and got acknowledgement slip. Now what should I do? The next date is on 6/1/2012. Transfer took place of Magistrate saheb.
In my mother's case against the builder where the builder gave my mother lesser amount of area in the flat in redevelopment work and in her case I argued in the court and Hon Magistrate called Police and asked that whether my mother really got lesser amount of area in flat, the police said yes and after two dates the Hon magistrate saheb gave hint me that my mother will get favorable response from the court on 31/10/2011.
Now in my wife case whether should I appear before the Magistrate saheb on behalf of her? As I know whole case and I know all the criminal points having all the evidences or whether should I hire an advocate?
what will happen now? Even all the evidences are there, if the Magistrate saheb says that the case is of civil nature then what is the remedy left to my wife?
The accused are spreading money everywhere. They want to make my wife's case of civil nature at any cost because 1) the similar case of mine is there in the same court and it is a criminal case and now if the accused get success in making my wife's case of civil nature then on the basis of that they can say the said court has considered my wife's case of civil nature the Hon magistrate should consider my case also of civil nature.
I want to know from the Experts the best advice, precautions to be taken and best remedy to be followed.
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