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AMIT JAGDALE   23 May 2020

Punishment under Atrocity Act

One of my acquaintance has filed a complaint against his superior under atrocity act. Complaint was filed on 14th April in the police station. Bayan was registered on 18th April. Then the inquiry was handed over to a different PSI. Finally FIR was registered against the superior on 16th May by taking additional bayan. The SDPO of the area a Dy SP is conducting the inquiry. He visited the office / location of events and did panchnama. But he did not take sign0 of the complainant on the panchnama report. When asked by the complainant, the inquiry office (Dy SP) told him that it will take 2-3 months to complete the inquiry. Then the case will be put before the court. It will take another 2-3 years to complete the court proceedings / hearings. The culprit (the superior against whom the complaint is lodged) may or may not be arrested.

My acquaintance is woman belonging to SC community. The superior officer has been mentally torturing her since 7-8 months. She has enough documentary evidence against him. Also he had wrong (s*xual) intentions about her. She has mentioned this in her complaint.

Does the inquiry officer misleading / delaying the action on the culprit. What the complainant should do?


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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     23 May 2020

Hello,

In your case FIR is already filed so let the officer complete the investigation. It will take time to punish the accused. You have right to appoint your advocate. 

P. Venu (Advocate)     24 May 2020

Such complaints could be subjective. Let the Police investigate the matter. The officer also may have his own version of events.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     24 May 2020

Originally posted by : AMIT JAGDALE
   Does the inquiry officer misleading / delaying the action on the culprit. What the complainant should do?

 

1. IF you think that Police is not doing proper proceedings /duty or is delaying matter,  THEN you can prefer to file a Private Criminal Complaint against the Accused Party, in the local Court and proceed to prove your case.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C Vashista (Advocate)     25 May 2020

Let the investigating officer complete it and submit final report to Trial Court for taking cognizance or dismissal.

Whether your acquiantence woman has engaged a lawyer to proceed along with public prosecutor ? If so, let him/her proceed, otherwise, engage a prudent lawyer.

Prima facie the complaint is vengeful to score a grude against accused/ superior.


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