Dismissed writ petition against incomplete investigation
M Satyanarayana
(Querist) 17 August 2012
This query is : Resolved
Sir,
My sister's family members consisting of 6 persons attempted to murder me and in the procees they tried to slit my throat and got injured. I got only my son as immediate eye witness to the crime. Complaint was and FIR No. and charged under section 307 I.P.C.read with Section 34 I.P.C. The main culprit remained absconding and other family members were not arrested nor interrogated. I am victim my statement was not recorded. The accused surrender himself after two months. The weapon used in committing the crime was not recovered but given bail to the accused by the judge. Police asked custody of the accused but denied the custody.
Aggrieved against this we filed writ petition for cancelling bail and arrest of all the family members and to inquire into the investigation leading to attempt to murder. The Hon'ble Judge issued show cause notice to the respondents. The respondents filed counter affidavit which was contradictory statements and false without mentioning why they have not arrested the family members. I filed REPLY AFFIDAVIT to their counter. But Hon'ble Court dismissed my Writ Petition on the ground other alternative remedies availabe.
Our approach to the High Court is mainly because we have not got justice and a judge without asking for recovery of weapon granted bail to the accused. What justice we can expect from the trial court and hence we approached the High Court now High Court dismissed out petition. What legal options are left to me to pursue for complete investigation in my case. Can the accused will be accquitted in my case. Due to the above I think my case has become weak.
Please advise me.
Thanking you,
MSN
Adv.R.P.Chugh
(Expert) 17 August 2012
Dear MSN,
1. It is not a matter of right for the complainant/informant/victim to get hte bail cancelled or keep the accused confined behind the bars. It is only when there is a preponderating need which requires so is bail cancelled and that too only because of things that happened after the grant of bail.
2. IF you think that the decision to grant bail was unfounded in the first palce and bad exercise of discretion you could have preferred a revision against grant of bail.
3. Writ Proceedings don't lie when there are alternativbe equally efficacious remedies available - you can either go in for cancellation (as per Step 1 above) or revision against grant of bail.
Good Luck !
