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praku   14 January 2015

My brother

My brother had been married for last 15 years and did not have children. They adopt my sister's girl around 8  years ago. Now my brother's wife has done suicide because of the depression of this that she is not able to get her own child. She did not left any suicide note or gave any name from my family to her family when they were there in hospital. Still her father asked for 10 lakh fixed deposit in the name of the child in a joint account and we agreed to that. he gave in the written to police which was available at the time of post martam that they do not want to file any case. After 15 days now they are threatening to file case in the court.

What should we do?



Learning

 5 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     14 January 2015

See,  even if they have submitted in writing that they do not want to file any case, they are well authorise to file a police complaint/ FIR of murder against your brother at any point of time with in three years limitation period.

You are advised to just ignore them and be strong to yourself  to fight any situation if your brother is innocent. Always remember the person who win at last is the truth and our judicial system is such a strong that always truth only prevails in most of the criminal cases. Though, I agree that there will be much trouble to you people in that situation but why to bow in front of a false allegation, So be bold and face the situation.

Please do not offer any money to them as it will go against you in future.

T. Kalaiselvan, Advocate (Advocate)     18 January 2015

Have you honored the promise of depositing the amount on the minor child's name?, if not then do it immediately so that they will not threaten anymore.  Settle the issues amicably or else you may have to linger around the courts and police stations unnecessarily.

praku   19 January 2015

Thanks a lot all of you.

 

What is the maximum time limitation period for filing a FIR against my brother?

Is it 3 months or 3 years??

praku   10 March 2015

Please advise Can they file a FIR after 3 months and will it be effective????

What is the maximum time limit they can file a FIR???


Please answer, I will be greatful. Thanks

Adv k . mahesh (advocate)     10 March 2015

one thing your brother adopted her sister daughter and why their father in law asked to deposit amount on behalf of daughter and why your brother obeyed for the same their is a time limit where the imprisonment is more then 3 years and if any one wants to file a complaint after that time then they has to take court permission 

below this judgement will be useful for you it is from Supreme court with a link

https://indianexpress.com/article/cities/delhi/supreme-court-extends-time-limit-for-police-to-register-firs-from-a-week-to-15-days/

Supreme Court extends time limit for police to register FIRs from a week to 15 days

Written by Utkarsh Anand | New Delhi | Published on:March 6, 2014 2:11 am The Supreme Court on Wednesday extended the time limit from a week to 15 days for police to conclude preliminary inquiries and register FIRs in criminal cases. The court also set an outer time-limit of six weeks for extraordinary cases where police will need to specify the reasons why the inquiries could not be completed within a fortnight. A Bench led by Chief Justice P Sathasivam appreciated the possible difficulties of investigators in concluding the inquiries within seven days in cases relating to white-collar crimes, economic offences and matrimonial disputes. The bench agreed with the submissions of Additional Solicitor-General Sidharth Luthra that, in a variety of cases involving massive documents and expert evidence and also especially in matrimonial cases, where the first attempt should be made for reconciliation, the time-limit of seven days may be too short to conclude preliminary probe. Luthra, who appeared for the Delhi Police, had requested the court to extend this time limit to three months by modifying the court’s November 2013 ruling that ordered for concluding all such inquiries in a week’s time. Even as the application for modification was moved by the Delhi Police, the court order will have implications across the country since the new time-limit will now apply to police of all the states and Union territories. In its plea, the Delhi Police had pointed out that the time of seven days not only put severe stress on the available resources of the police department but could also lead to reaching erroneous conclusions, which might eventually result in misuse of criminal justice system. According to police, it was not possible to conclude inquiries into five kinds of offences — white-collar crimes, matrimonial disputes, medical negligence, corruption cases and cases, where there was delay in reporting the matter. Delhi Police, while informing the court that it could successfully resolve more than 48 percent marital disputes through conciliation in 2012, pointed out that when such cases were reported, initial attempt should be to amicably resolve the matter without invoking criminal law. Therefore, some reasonable time must be accorded to give conciliation a shot. These statistics impressed the Bench and it acknowledged the need to give reconciliation a chance for reunion of couples. By its November verdict, a Constitution bench had ruled that the police were obligated under the law to straightaway register FIRs when information disclosed commission of cognizable or serious offences and that it could not delay the FIR on the ground of conducting preliminary inquiry first.


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