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RAMESH ANAND (Service)     03 June 2014

Investigation under section 406/498a/34

Hi,

My query is from eminent criminal lawyers that after CAW approval FIR is already register my local police about

2 months back u/s 406/498A/34 against the 4 accused and complainent was also called initially at Police Station

 after that  IO asked to present in court as accused has applied for AB in session Courts

We reached at court and Judge ordered that when Police have not taken permission for arrest the apprehension of arrest can not be consider and allowed AB but order Police to give three days notice to accused after getting permission of arrest and arrest of Accused.

Now about two months has been passed and We have contacted the IO for know what is going on in investigation and requested IO for take certain more evidence of committing the offence i.e. Voice record of accused/photogarph s/mail etc. IO refused to take them and said will take later on and he seems have connived with accused and not taking any action for investigation and do not applying for taking permission of arrest in these non bailable/cognizable offences.

We contacted our lawyer to seek advise now what to do next for initiate action under FIR and he advise be in touch with IO and you also offer some money to him, this is the working in police system 

Kindly advise the right legal step we should take so that investigation should be initiated else we may lost our Jewellery itemsand other document/moveable property in hand of accused which they may dispose and further they are threating the key witnesses to be away from matter and that can week our genuine complaint.

Thanks



Learning

 6 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 June 2014

This is another example of Indian corrupted judiciary system.

 

Please immediately keep away all "Jewellery items and other document/moveable property" in some other safe place like, in some relative's home whom you trust.

 

When the IO will come to seize these, then simple tell them that you don't know about those. Don't disclose it to your lawyer also.

 

Please remember if it goes to their hands you will never get it.

 

Please take reference from my post from the following link: -

 

https://www.lawyersclubindia.com/forum/Fight-against-false-498a-103227.asp#.U43yWHbYVdg

 


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

You can send the copy of the evidence to the IO with a copy to DCP and CP for enclosing with the Chargesheet.

 

However, it is a double edged sword, they may cover those points in 161 statement and elsewhere.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Gautam Kapoor (IT professional Studying Law)     04 June 2014

if the poilce does not want to take actions.. they have a valid reason to do so... your case could be BOGUS...how can you call the police connived ?and moreover so you are taking recourse in bribing the police to meet your selfish ends.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

I doubt that there can be any great help, if you pay bribe. Better save the money for other needs.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

RAMESH ANAND (Service)     06 June 2014

Thanks Mr shonee Kapoor,

I am certainly not going to bribed , why should I , I have already presented several evidence with my complaints itself, my worry is only that IO may delay the case and giving time to culprits for mould the evidence, Can we not file application before MM court for take status report from police

Thanks 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 June 2014

Though you can put an application to the concerned MM to sign the case dairy on a regular inetrval to stop any tampering with the documents which the Investigating agency has accumulated.

 

However, practically, such applications are rejected and you have to make a very strong ground for the same.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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