Dear learned friends,
case story in brief - after few months of marriage; the girl's side belonging to neighbouring state had demanded lakhs of rupees to the boy's side on a phone call with threats of implication in criminal cases, if money demand not met. the call got recorded.........
boy's side lodged a NC at their area police station regarding the extortion done by the girl's side.
boy's side also went to their state's court for anticipatory bail; but court declined it stating since no complaint is actually lodged and only there is fear of implication, we cannot give any anticipatory bail.
boy filed case of divorce in his state's family court.
days passed by, police of boy's state did not take any action on the girl's side doing extortion.
one fine day; call received from girl's state police station to the boy's side stating that the girl has filed 498a against the boy and his aged parentsand that they have to come for bail formalities.
boy and his parents went to the neighbouring state's police station belonging to the girl's jurisdic. and they were presented in the CJM court...
the CJM has overlooked that the boy has filed for divorce and granted bail with a condition that boy and his parents cannot leave the girl's state till the chargesheet is filed. the boy and his aged parents had to stay in that alien state for 5 days begging permission to get back to their state for no fault of theirs or only fault of not succumbing to the girl's side extortion.
whent the boy's side has returned back, they filed a private complaint of extortion including other charges at their state's criminal court on the basis of the extortion done by the girl's side to them.
the magistrate was very much convinced for piece of extortion in the recorded call and issued a process of extortion and other charges against the girl and her family members who are witneses in the false 498a complaint lodged by the girl.
thus it is crystal clear that since the boy's side did not succumb to the extortion by the girl side instead have approached police station and family court of their state; the girl & her family members have punished the innocent boy and his aged parents by implicating them in a false 498a case. It was duty of the IO to check for the genuine-ness of the 498a complaint and based on the NC lodged by the boy's side to their local police station for the extortion call made by the girls' side; the IO of 498a shud had dismissed the false 498a complaint lodged by the girl; instead erring in his duties he has actually filed 498a complaint against them and the matter went to the CJM court; the CJM cud had also dismissed the case, but he instead has harassed the boy's side by making them stay in the girl's state by passing such order.
our query is-
now that a process of extortion is issued against the girl and her family members; it is clear that the police and court officials of the girl's state were instrumental in abusing the law by punishing the innocent boy and his family for not succumbing to the extortion and have thus abetted with the girl and her family in the crime. In view of this -
1. can the boy's side initiate a suitable criminal course of actions against the IO, the CJM, the PP etc. and all those of police and court involved in the girl's false 498a complaint..?? if NO state reasons...if YES, please state under what suitable CrPC/ IPC can the action be taken for the police and court authorities failing and erring in their duties by abetting the girl in the crime of extortion and other charges.
2. can the suitable action against the IO, the CJM, the Public prosecutor be issued by the boy's side in their state's criminal court..?? wat will be the jurisdiction..??
3. any other guidance by legal experts who respect the HONOUR of LAW and CONSTITUTION and feel that the same shud not be abused, may please forward their opinions....
please remember friends this is the question of HONOUR of our constitution....if we fail to protect the honour of our constitution and law, then will there be any difference between we humans and the talibans or roadside animals, who do not have any law or constitution...???
awaiting...
nalni