ASHA KUMARI 23 June 2016

Husband cheated money and now has run away.

Sir/Ma'm I am from Bihar. I got married in 2010. At that time mu husband was unemployed and I am a contractual Doctor posted in another city than my in-laws-place. My husband lives with his parents in Patna. We have two issues from the marriage. After the marriage itself my husband has been taking money from me at regular intervals in different pretexts. After one and half years on regular counseling by my parents he told that he has got a job in some chocolate factory. He used to tell me that he has to visit kolkata and bhubneswar for official purposes. So he used to visit me in 3-4 months for few days. Even after getting so called job, he used to ask money money from me citing emergency. In this way he has taken almost 3-4lacs money from me. My parents had bought me one piece of land. I had kept the documents of that land with my husband. My jewelries were also in my in-laws place. In Dec- 2015 my father-in-law got seriously ill. Then he got shifted to his elder son place in Bangalore. And in January my husband again went to kolkata on the pretext of official work. But since then he broke the contact. And now I have come to know from different sources that he has taken a huge loan of 13 laks on his name forging my signature and maing me the co-applicant, and without my knowledge he has submitted my documents as KYC. He has also mortgaged my land property documents to some one and taken money against that also. I had filed his missing complaint in Feb 2016 on Patna Police online portal because at that time it seemed like he has been lost. But now when his all these deeds are coming into picture I want to file an FIR against him. But police are not registering any FIR. Please suggest what to do? And also if you could draft for me roughly how to make the case??

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ASHA KUMARI 23 June 2016

I had prepared the complaint as in the attachment. But the police told that

In one place you are complaining against your husband.
In second place you are saying that there may be some danger to his life.
In the third place you are saying that he is missing.

Attached File :

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Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 23 June 2016

Mam,

If police fails to register an FIR then file a complaint under section 156(3) of the Cr.P.C.

Warm Regards

Kapil Chandna Advocate

9899011450

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 June 2016

As per supreme court recent judgement that the learned Magistrate is justified in directing the Police to investigate and submit a detailed report within one month under Section 156(3) of the Code.

Pawan S (Advocate) 23 June 2016

If the police officer is not registering FIR under section 154 of Cr.P.C, then approach the superintendent of Police (SP), with a written application, under sub-section 3 of section 154 of Cr.P.C, 1973.

The SP may either investigate the offence himself or direct any other police officer to investigate the offence instead.

Yet if, police refuse to register FIR, or despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can approach Magistrate concerned under section 156 (3) of Cr.P.C.

Prima facie the draft copy of the FIR, seems confusing to understand your grievances.

First, determine what you desire-

1. Want to get your money back?

2. Want your husband back?

3. Wants your husband to get punished?

To proceed with point 1 & 3 , first you need to find the husband. Thus, I suggest to lodge FIR stating that your husband is missing. Then, once you find your husband, clarify the things with him.

After that, if you desire to proceed with point 1 or 3, then proceed accordingly.