Hello everybody!
I am in an unusual situation for which I seek advice from experts of this forum.
I am an accused u/s. 498A/406 alongwith my married sister. I have only my father staying with me. My mother passed away long back.
The F.I.R. was registered on 03.12.2007. After my arrest, my wife was deliberately avoiding searching of Stridhan articles in my house (as reported by Police in C.D.) to extend my custody period. Then as per suggestion of Police my relatives handed over the articles so far available as per her list and then my bail was granted. Even a locked Almirah solely used by my wife was also handed over at Police Station. (Key of which was with my wife as found by police later on and mentioned in C.D. also). When I was in custody, my wife took away all the ornaments from Joint bank locker. (Can be substantiated from the bank’s letter I collected regarding date of operation)
After 3 months, police submitted chargesheet which my wife (defacto complainant ) challenged through protest petition on the grounds that two witnesses were not examined (her sister & brother in law, they made affidavit before court in this regard) and most of the Stridhan have not been recovered by Police. The Court totally refuting the Chargesheet, issued further investigation and directed police to submit report in final form in line with 173(8) within a specific date positively.
I was ignorant about Court and procedures and most frustrating part is that my lawyer was purchased by opposite party (which I came to know later), so there was no single whisper from my part in the above matter.
Then a year passed, Police was totally silent. But, in last year 2009, September again I received a notice from P.S. to see them in connection with the case. When I met the I/O, he proposed me to conduct further search at my place. Thereafter he called me twice, I awaited at my place taking leave from my office, but they did not turn up. Third time, I strongly said to issue notice before coming. Finally, they came to my place on 13th. December 2009, ransacked my place alongwith my wife in the name of seizure and finally issued NIL seizure list to me. My aged father became sick due to the tantrum made by my wife alongwith Police. He had a stroke at night for which he had to admit in hospital where he had undergone angioplasty.
Surprisingly, in the month of January 2010, again some new I/O. called me for further search operation at my place as according to him my wife was not satisfied with the earlier search operation. Then I strongly protested and wrote to S.P., Chief Minister but all went in vein. Police even prayed for search warrant before Court which court hazily ordered “to proceed according to law” . I went to high court also to stop further torture of police in the guise of search and investigation, but all became futile. In every place I got the answer –“ none can intervene police during investigation”
Lastly, when police came to my place in June 2010 after issuing a proper notice, I requested them not to make any tantrum for the sake of my father’s ill health. Then they blackmailed me and forced me to sign on a blank seizure list, took away some old brass utensils (identified by my wife but not specifically as per her list).
Next day I was called at the P.S. and the seizure list was handed over to me from which I understand that Police had kept the articles with their custody and not handed over to my wife.
The next day, I filed a petition before Court to return those articles as they are my ancestral properties and not stridhan as claimed by my wife. Court asked police to submit report in this regard, but police remained silent for lat three months.
Now, on September 14, 2010 I filed one petition u/s. 167 (5) stating that as per
My question before this forum is that shall I get benefit of time bar since once the chargesheet was filed by Police, although the same was rejected by Court ( Illegally!).
If not, what could be the possible outcome and what would be by proper step in future.
Please help !
