Misuse Of Power
J.C.Mishra
(Querist) 04 March 2011
This query is : Resolved
Sir, I would like to request you to please go through the following few facts.
One of my relative was attacked by a group of antisocials on 17.11.2010 at about 8 pm while working in his shop in a market and the miscreants used various deadly weapons with revolver and fired three rounds to kill him for which he was seriously injured. Thereafter the person was hospitalized and F.I.R. was lodged in the local police station on 18.11.2010 by his elder brother, based on which the police registered a case by booking five accused persons under sections 452/324/307/109/34 of the IPC and under section 25 of the Arms Act. But from that date the police authorities have done nothing except arresting one person only who is at present in the judicial custodyand who figures last in the list of accused in the FIR. The man who figures first in the accused list of FIR and is the main culprit along with his nephew, behind the incident is roaming freely and the police is not arresting them inspite of their anticipatory bail application being rejected by the Hon`ble High Court Of State. Remaining two accused are absconding as per police record. I would like to say that the persons roaming freely are political leaders of the state ruling party and is an antisocial and so the police is showing unwanted favours to him. He is repeatedly threatening the family of the victim and forcing him to withdraw the case.In the meantime victim`s elder brother has submitted another application to the incharge of concerned police station with a copy to the SP of the district along with the bail rejection order, requested them to take strong steps and arrest the main culprits but the police authorities are not paying any heed to the complaints.
Please tell me what the victim should do now in order to have a safe living and to put the culprits behind the bars. Is there any need to file any sort of petitions in the Hon`ble High Court? Is it possible to change the enquiry officer because the district authorities are biased.
Ajay Bansal
(Expert) 04 March 2011
Victim should file a petition in High Court u/s 482 Cr.P.C. for issuance of proper direction to the Police in respect of arrest of remaining accused.
H.M.Patnaik
(Expert) 05 March 2011
Well advised Mr.Bansal.
Advocate. Arunagiri
(Expert) 05 March 2011
You can file a petition to the High Court for such relief.
sreenivasa Rao.P
(Expert) 05 March 2011
Mr.Misra
I will suggest you to approach the Human Rights commission of your state and present an application stating the facts.The in action of the police amounts violation of Human Rights.The Human Rights commission will seek report from the concerned SP., and also give him a direction to apprehend the accused.You also state that you are constantly living under fear of annihilation by the goons.This is your constitutional right which you have to invoke.
