Fake case under ipc 302/201
sunil Bisht
(Querist) 19 September 2015
This query is : Resolved
Hi all;
I am from Uttarakhand. A Few months ago we 4 persons were attending a merrage barat in my village. Two persons were fully drunken, third one was drunk but ok and I did not drink. They finishes almost 5 bolleles of whisky/Rum. I was driving the car which belongs to the one of the over drunk person with us.
After return from barat I part the car and these two over drunk friends were sleeping in the car as they did daily.
Next morning one of them found dead because of over drinking. PM report says alcohol and is ok.
His brother is SI in UttaUttarakhand police. Now after 2 months one of his cousin trying to fired FIR against us (we 3) under ipc 302/201.
As Village panchay��t rules(I think so) DM is not giving this case to police but its been given to NT.
Now NT is calling us for statements and from some sources I heard that NT is calling us to arrest.
What should I do...!!!!!!
Pls suggest..
Sudhir Kumar, Advocate
(Expert) 19 September 2015
Given facts do not indicate and absolute conclusion that all of you were innocent.
Not understood what do you mean that OR says alchohal is OK. It is not clear as to how why he died.
How is it possible that you park a car and do not take care of the sick friend who cannot come out of car. Why his family should not believe that you people killed him. You were the last with him whne he was alive and gave him no medical help.
Why it should not be believed that all three of you yourself drank less and made him to drink molre for the purpose of killing him
You probably forgot that it is OK to have company of drunkard but when untoward happens his family does not blame the drunkard doe s not blame him and blames his friends.
Sudhir Kumar, Advocate
(Expert) 19 September 2015
Further be enlightened that criminal case do not fall in jurisdiction of Vilage Panchayat. Not understood how do you refer role of panchayat.
SAINATH DEVALLA
(Expert) 19 September 2015
In addition to Adv Sudheerji,come out with the correct facts of the incident or else U may not get the correct suggestion.
What were the police doing all these 2 months?
When PM report has mentioned death due to over consumption of alcohol,how are sections 302 and 201 are involved?
sunil Bisht
(Querist) 19 September 2015
Sir NT means Nayab tehsildaat.
sunil Bisht
(Querist) 19 September 2015
Sir these two were fully drunk and they were not in the condition to go home. I told explained this situation to his wife( wife of the person who died) after parking the car. But they dont mind that as this person is heavy drinker and this seems his daily activity. As we were not aware of the incident we or his family did't go for madical treatment.
sunil Bisht
(Querist) 19 September 2015
Sir we live in a rural village (Patwari chetra), I think (not sure) police case is made if patwari/kanoongo/ tehsildaar fails to investigate.
sunil Bisht
(Querist) 19 September 2015
Sir I clearly dont know what PM report exactly says as we dont know how to get this copy of PM report but DM refuses to give this case to police as PM report is in our fabour.
Rajendra K Goyal
(Expert) 19 September 2015
If FIR is lodged, try to get anticipatory bail and defend yourself on merits. Engage some good lawyer and discuss.
SAINATH DEVALLA
(Expert) 19 September 2015
U have not answered my questions?
sunil Bisht
(Querist) 19 September 2015
Sir after death his family member or his brother who himself is an officer in UK poloce did not raise any FIR but demanded forensic testing. I explained every thing to his brother what happened that day and his brother says not to worry and go back to your job. After 2 months patwari says ki they are doing FIR agnaist all of you and he want my statement which I allready given to police on the spot.
Sir I do not know anything abt ipc sections but these sections 302 and 201. I searched google to know these sections.
sunil Bisht
(Querist) 19 September 2015
Sir one of my friends brother who is an advocate in patiala suggest me for Anticipatory bail but lawer from my state Uttarakhand says AB is not allowed at uttarakhand.
