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Sandeep Yadav   23 July 2017

Police is not taking action aginst 156/3 fir from 8 months

Hi, i have registered FIR under section 156/3 against My wife and Her first Husband under Section 494/506/120B/420. On dated 08-12-206. the Anticipatory bail was rejected by session Court in March-2017, and Also by High court of Punjab and Haryana in April 2017. But Police is Not taking action against the accused person. As the 2nd accused (First Husband of my Wife)is an ASI in Haryana Police and his family members are sitting on some higher posts in Haryana Police. At the Time of marriage with my Wife her first husband was already married. And Later on he was a instrumental by posing himself her father in three marriages (I have Submitted Photo evidence of all three marriages and some documents where he posed himself her husband). 8 Months has been passed to my FIR but police didn't take any action. So i filed status report in Court under section 202. But Investigation Office made false statement and told the court that we have Visited native place of both accused and could not find any person there. And Case file is dispatched to DCP office for their review. i would be very thankful if anyone can suggest what to do Next. Regards


Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     23 July 2017

Sir, 

 

File an RTI and seek reply of arrest, move to the Punjab and Haryana High Court and get the case transferred to some indepenedent agency for investigation of the case .... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

https://kapilchandnaadvocate.wordpress.com/

1 Like

Siddharth Srivastava (Advocate)     23 July 2017

Section 156 (3) Cr. P. C. is meant for complaint case where a person can approach and seek direction against the police for investigation of an offence and for registration of FIR.You have the right to approach high court by way of WRIT of mandamus. In case of need contact with details.

1 Like

Susen Nath   23 July 2017

U should go applet side of ur high court at revalent judge. U definitely gethe positive ans. mind it ur advocate should be more positive thinking with void amendment of ur high court.
1 Like

Sandeep Yadav   23 July 2017

Thanks Sir,

i have come to

know that the ASI (First husband of my Wife) has filed VRS from his job after his anticipatory bail rejected from High Court. And Police is delaying the case so he can get his pension done easyly. will the arrest of the accused will affect his pansion.

i am defining the incidents in Flow, So you can easyly understand the Situation.

1. in year 2006 my Wife fled with ASI (First Husband), while the ASI was alrady Married. ( I dont have any proof, but this was told to court by real sister of my wife by a affaidevit in year 2011 )

2. In Year 2008 my Wife married to her 2nd Husband, where her First husband posed him as Father of my Wife ( i have Photo avidence of marriage and this was told to court by real sister of my wife to court by a affaidevit in year 2011 )

3. After One month of her marrige she fled away after extorcing 5 Lakh ruppies and started living with her first Husband (An affaidevit was filed by the parrents of her 2nd husband in 2011in Court, which i have got from Court )

4. She Started Living with his First Husband in Himachal Pradesh, which is her native place. and Once Filed an Complaind in Local Police station where she mentioned the name of first Husband ( I have the comy of FIR).

3. In 2010 She Started Living-Inn with a New Guy. and in December 2010 loged an Fales FIR under section 494, 498, 313, 376. ( So i can Call his 3rd Husband). During this incident her First Husband was in Special Police Staff, and Helped her lodging FIR (Which is Clearly mentioned in FIR, with his Police Number.

The Notable point here is that the FIR was loged Next Day to her 3rd Husbad/ Living Partner. after the FIR she Never came to court So Case was accuted in December 2014. So Her third Husband Filed a complained in Court under section 406,506,420,120B. in Year 2011.

The case is Still pending against the Court. and her First Husband is on Bail.

4. After this incident, She again Started Living with her first husband. during this period She bought an LIC policy, where She Mentioned the Name of Her first Husband as Nominee and Relation Husband.(I have the Original LIC policy with Me) (the case for the fir lodged by her against her 3rd husband was stil Pending)

5. In Year 2012 She Married with me (Forth Husband) in a Tample (No avidence availble). (And Case lodged by her against her third Husband still Pending)

in Year 2014 We got a baby boy (Who is With her now)

In Year 2016 she Fled away, when i came to know that she is in touch with her First husband.

And She Filed a case of 498A, 406,506,376, against me and my family ( We are on Bail and case is pending as she is not coming in Court)

i have filed a case against her under Section - 11 Himdu Marrige Law and For custody of my Baby. (Both are pending in session court)

 

In December - 2016 i lodged FIR against My wife and His First Husband under Section 494, 406, 506, 120B, 420, (About Which i Wrote in my first Post)

Thans For understanding

Regards


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