(Guest)

physical fight causing hurt between brother and sister

police is filed a case under ipc sec 323 against my younger brother who exchanged blows with me (elder sister ) and my husband (brother-in-law ) for on using vulger and abusive mass local language used by me and my husband against younger brother during the discussion of property issue at my residence very next door. As a elder sister what are my chances to make the case strong against my younger brother . Can I reapply to magistrate for making stronger sections .How to make my brother lose his job with a criminal record . How to use this case as reference in future protection of such incidence repetition. I and my husband had miner injuries during the physical fight with my younger brother .we both too hit him back. since he walked into my house ,invited a fight and had small blood injuries on face could walk to police station to file FIR but police refused to file FIR but just filed cr no 323. How to apply for investigation add higher sections to make a strong case. How to present the witness and medical records to the megistrate for making the case strong . Pls advice ...

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3 Replies

jyotirmaya behera (advocate) 07 September 2015

File the FIR ( by you only) at nearest police station and show them that you have a major injury and your brother attempt murder you as well as to your husband and give threaten to murder you.

(Guest)

I have generated medical tests , doctor note on the injury from govt hospital as it's a saviour injury which can lead to death. how to prove the intension to kill?i don't have eye witness how to prove? No material/ instrument used in the fight. Police is not filing FIR , Instead just filed Cr PC 323 and taken it very light.How to reapply case for serious killing charges against Cr PC 323 ipc sec it's almost 2 weeks by now? How and what section to create threat to his job? Pls advice the posibelities for me ..

SAINATH DEVALLA (LEGAL CONSULTANT) 08 September 2015

If U have valid evidences U can file a private complaint in the court.Orelse forget and forgive him for his act and see that he does not repeat it.As the incident is just UR family affair I am not asking U the details as to why that incident took place.