Victimization By Police Authorities
J.C.Mishra
(Querist) 11 February 2011
This query is : Resolved
Sir,
My elder brother is a physically challenged person. In our village he had a spat with one of our village persons regarding some village matters. That fellow is a worker of state ruling party. After some days of the incident one night when my nephew was on a visit to marriage party he attacked him along with some other people.Police denied to register the FIR, so my brother filed a petition in the SDJM`S court by booking the accused under section 498, 506, etc of the IPC. When the matter came to the police for investigation, the local police under the shadow of the ruling party, favoured the accused persons, granted them bail from the police station itself by manipulating the statements taken from the witnesses under section 161, without questioning any of the witnesses and finally submitted the charge sheet in the court by making them free from all the major charges.
In the meantime the main accused registered a false FIR in the name of my other family members by booking them under the same section of IPC.The concerned police authorities registered his FIR and also arrested one of my brothers and forwarded him to court. In between when we saw the biased attitude of the local police we submitted one written representation to the district S.P. demanding to inquire the matter by some senior police officer or crime branch. In return the S.P. directed one D.S.P. to inquire the matter. We complained about the partial nature of concerned police officers. That appeal remained pending for about one year and and finally some days before we came to know that the same police official has submitted in the court that my other family members whom he made accused in his false FIR are absconding and the police has also submitted the charge sheet in connection with the arrest of my brother by retaining all the charges as lodged by that man.
Please advice me what shall I do now in order to have a fair probe into all the incident so that justice can be prevailed and the involved police officials could be punished.
Moreover it is submitted that the concerned person is an anti social and is recently booked by police authorities of some other police station in a shoot out case and his advance bail has been rejected by the Hon`ble HIGH COURT but he has not been arrested till date.
indrajit mukhopadhyay
(Expert) 13 February 2011
At the time of filing charge-sheet did you raise any objection, after appearing in sdjm court, regarding the authenticity of that cs.If not, you ought to have done it.There was a chance of praying for further investigation. Anyways magistrate has got the ample opportunity to direct further investigation even after taking cognizence.(ref:-1985 crlj,page1389 ker.) so don't worry and try for it by your conducting lawyer.
J.C.Mishra
(Querist) 14 February 2011
Thanks sir for your reply.