A marriage solemnized between (A) Girl and (B) boy in the year 2003. (A) facing cruelity caused by the (B) and his family members including three sisters and their husbands. (B) is Sub Inspector and his brother is Jawan in C.R.P.F. Due to cruelity in various manner (A) was in bad ailment after marriage. In the month of November (A) took back by her father from matrimonial house due to great loss in health, thereafter she cheked up by the Doctors through her father and it was found that her kidney got damaged. The Father of (A) contacted (B) but no response. Being aggreived a F.I.R. lodged by the Father of (A) against (B) including entire member of his family in the month of January 2005 which was got registered under section 498A I.P.C.and 3/4 D.P.Act.. in the month of March 2005 (A) died. (A)'s father informed police and requested for post mortem in writing, but no action taken. On the otherhand Charge submitted by the police which was challenged before High Court and proceeding except to Husband and mother-in-law have been stayed.
Now the question is whether all the accused persons may be prosecuted Under section 304B I.P.C.?
Under the above facts and circumstances there is lapse of about 3 year but police has not taken action after getting information regarding death of (A).
What will be remedy to father of (A).?
Whether he can moved an application before trial court to prosecute the accused persons Under Section 304B I.P.C.?
The Case Under Section 482 Cr.P.C. pending before High court. and there is stay. Counter affidavit filed by the father of (A).
How can accused persons will be prosecuted under section 304B I.P.C.