illegal abortion
Querist :
Anonymous
(Querist) 14 September 2010
This query is : Resolved
I have file Private Complaint under sec.312,313,315,M.T.P. Act.5(3),120(B),34, and 114 against my wife and my In-Laws..
Short Summary of Matter..
My marriage date is 30/11/2008, my wife was Pregnant with in month, on 30th Dec 2008 she told me i have doubt, i m pregnant, we go to concern doctor for checkup, Dr. was confirmed that she was pregnant..
After that she told me that she doesn't want continue with pregnancy,she wants to Abort my child. i told her, request her pl don't Abort the child, but she is not ready for that..even my In-Laws support her for Abortion, she Abort my child after 12 week with out my concern,without any expert opinion,..
that time i was file complain against my wife and In-Laws for illegal Abortion, but police didn't take my complain in register, investigation is not proper, they take the statement of accused and accused denial the same..after long time I have ask the concern case paper to the police..
getting document of my said complain I m very much surprise, police didn't not proper investigate my said complaint.. finally i decide that i have to file private complaint against all the accused..
and y'day i filed my Private Complain in court..Magistrate Passed the order for police report as per the C.R.P.C S. 210..
Is it Proper..Pl give me some citation for the said matter and give me expert Advise..
Regards,
NAYAN JOSHI
by the police investigating officer
Devajyoti Barman
(Expert) 14 September 2010
The procedure is proper but the police already having investigated on the same offence your private complaint will not sustain. You have to apply for re investigation by the police in the earlier case.
s.subramanian
(Expert) 14 September 2010
The Magistrate has powers to take cognizance of your complaint directly and also to forward the complaint to the police for investigation also under Sec.156(3) of Cr.P.C. Obviously the magistrate has chosen to forward the complaint to the police. it is neither illegal nor improper. It is within his powers to do so. If the police investigation is not proper,then you can request the magistrate not to accept the report of the police and take cogizance directly. There is no need to panic now. Be calm and wait for the result after police investigation.
mahendrakumar
(Expert) 14 September 2010
what are you going to gain by this case?
if you could not convince her with your love and affection,what is the point in to file a case and spoil your marital life (if it has not already spoiled)?
remember relationship cannot be built and nurtured through court interventions alone.
