Deepak P
24 October 2014 at 17:41
Hi All,
Greetings,
3 months before one day my better half passed away due to hypoglacimia attack i.e. sugar level below 40mg...she had diabetes since last 12 years. she had type 1 diabetes and was on insulin.
She was also suffering from hyperthyroidism since last 8 years.
we married in 2010 and since then we were living happily... As she was BHMS doctor, she did practise for few months after marriage, after pregnancy she gave up practise for some time.. in November 2011 she gave birth to a beautiful child.
we were living very happily...now my kid is 3yrs old...
on the day of incident.. we admitted her in hospital in midnight...doctors tried their best but in vain...
doctors was not sure about her cause of death so we decided for post mortem as it happened under 7 years of marriage..
my in laws were not allowing the cremation and dominating us and harassing us by saying that they will lodge false criminal complaint against us.. and demanded my kid in favour.. we agreed coz v didn't have any choice n we were in deep shock coz after post mortem the body was kept over long 6hrs..
we thought that they will calm down in some couple of days...
but next day they went back with my kid and 5 days after the incident they came back and lodged the complaint agains me my brother my father and my mother u/s 498a, 304b and 34 IPC..
my brother and me were surrendered at local police station and my parents got anticipetry bail
we both got bail after 23 days of PCR n MCR on the same time...
after coming out on bail..i with different sources tried to convince them to give me back my child but no results.. they r arrogantly talking every time...they r not even allowing to talk on phone with my kid...
so after huge thought I filed a case against them u/s 97 crpc for custody of my kid..
so please go through all my case details and please advise some of my important queries below...
PLEASE YOUR ANSWERS MEAN A LOT TO ME...THANK YOU IN ADVANCE...
1. Did I Make any mistake by filing a case u/s 97 crpc
2. Does this affect my existing case which they filed against me..
3. What would be the judgement of this case of 97 crpc pls explain in detail...
4. What I should do except this in future..
5. Please Help me I am indeed need of it...
Deepak P
04 September 2014 at 14:53
Hi My Name is Deepak and I live in Latur City of Maharashtra
I have just a little query that if the bail order is approved by session court for IPC 498a 304b and 34 for all family members then if the complainer wants to make a stay order on it from high court then is it possible? If yes then under which circumstances or under which law?
Please help?
Thank You
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Discharge applicatin u/s 227 crpc for the charges u/s 498a 304b 34 of ipc
Hello All Experts..
Need Your Expert n Genuine Guidance...
A year before my in laws filed a criminal case against me n my parents n my brother u/s 498a 304b and 34 of IPC..
My Wife who was junvile diabatic and also suffering from Hypothyrodism expired due to the attack of Hypoglecimia (low sugar).. and after that my in laws were making false alligations on me that i n my family killed her for dowry issues...
We allowed for Post morterm as it was a medico legal issue and she died under treatment within 24hrs of the admission to the hospital... After PM, the body parts were sent for chemcal analysis..
after 5 days of the incident..they lodged the criminal case against us in local police station...me and my brother sumoto surrendered in police station and my mom n dad obtained anticiptry bail from the honrable court...
after 25 days me n my brother obtained regular bail from the court as there was no prima facie evidence except the words of complaint...
after 6 months the chemical analysis report cameforth containing all clear values..but the cause of death was still unknown so for the final opinion all the medical papers were sent to civil surgeon for final opinion..and he gave shocking opinion that "The Possibilty of Poisining cannot be ruled out due to more than one drug or substance".. All reports i.e. PM, HISTOPATHOLOGY and CHEMICAL FORENCSIC REPORTS were also clear..but this opinion was shocking..so the chargesheet went with the same charges as in FIR...
So, on the above basis, I m thinking to apply for the DISCHARGE of the case as the charges are still not framed..because all allegations are totally false n no prima facie evidence is there except that influienced doctors opinion...no physical evidence is on record...
all call records are also not getting matched with dates mentioned in allegations in FIR too..
So Experts.. What do you think..on above grounds..will Honorable Court will allow the application or It will allow to try the case for the verification of that so called stupid opinion which is not sure about the cause of death..
Points..
1. She Had the old history of Junivale Diabates n Hyporthyroidsm..
2. She Was totally dependent on Human Insulin ( 4 times a Day ) and a lot of oral medications.
3. She used to have attacks of Hypoglecimia which happen due to low sugar