164 crpc, 494 497 366 506 ipc
Gautam Maity
(Querist) 22 September 2012
This query is : Resolved
Dear Experts,
X has lodge a FIR U/s 365,366,506 IPC
FIR was lodge through 156(3)as police refuse to taken FIR and taken the complaint as GD.
His wife was taken away from him by force and given a forceful 2nd marriage.
His marriage was registered under 1954 act.
Now, police being purchased by his wife's parents, didn't arrest anyone accused.
2/3 days after raid, her parents bring her before the court and call the I/O and ask him to made her statement U/s164CRPC.
I/O made false recovery momo stating recovery from her parents house.
His wife, verbally admit her 2nd marriage and also said her 2nd husband name to the I/O. But in her statement U/s164 Crpc she only state that she was not kidnapped and she willingly stayed with her parents.
Is her 164 statement final evidence to dispose the case?
Now, the I/O want to give a FRT instead of charge sheet.
When the I/O Raid her house, there was none, and her neighbors stated about her 2nd marriage ceremony before the I/O.
but I/O now want to hidden the true fact.
So, what should X do now.
Now, her family want to hearse X.
Can a fair investigation possible by any means of law?
Can X ask CID investigation? Where to prayer?
can he prayer to I/O to taken her wife as a accused at this stage and charge U/S 494 and 495?
Can 497 be imposed against her 2nd husband?
Is it possible to go high court for transparent justice?
Is it possible to file writ of Habeas Corpus now?
Wait for your response.
Thanking you,
Gautam
PARTHA P BORBORA
(Expert) 30 September 2012
Don't be panic bro.If the I/O of the case submitted the Finale Report, Court will send notice to you to submit your objection, if any fixing a particular date. On the date fixed submit your written objection with a prayer for reinvestigation of the case. Hope it will solve your problem. Don't forget to appoint a good criminal lawyer before filing the objection.
