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Karan   09 January 2016

Suicide case fir and arrest

Hi,
My younger brother committed suicide and left a suicide note naming his wife as the reason.
I put up a complaint on  to the Thana but Inspection Officer(IO) hasn't filed any FIR. 
I did a complaint to DCP office again but IO has still not done FIR.
1)What should be done to get FIR at the earliest ?
2)What should be done to get the girl arrested as soon as possible?
3)Girl had some previous affair and was also taking depression pills which her family members hide from us. 
What all sections(dharas) are applicable on girl and her family based on suicide and hiding truth facts? 
4)It also came to our notice that the girl side might go for Anticipatory bail and quashing of FIR in high court.
What should be done to prevent both Anticipatory bail for girl and quashing of FIR?
5)Also girl side had given some cash ,jewellery ,how to return it ?



Learning

 3 Replies

Laxmi Kant Joshi (Advocate )     09 January 2016

if police is not registering your fir then hire a lawyer for your case and file a complaint case u/s 156(3) crpc in the court, police will investigate it u/s 174 crpc and if they found the allegations correct then they will file fir u/s 306ipc , first file your case then think for other points, don't return anything to them unless until they asked from the court, and court orders you .

Sudhir Kumar, Advocate (Advocate)     10 January 2016

you can meet a lawyer with full facts whose service you will need. on given facts some reaction can be made on your questions:- ======================== 1)What should be done to get FIR at the earliest ? 2)What should be done to get the girl arrested as soon as possible? ALREADY ADVISED BY MR JOSHI. ======================== 3)Girl had some previous affair and was also taking depression pills which her family members hide from us. What all sections(dharas) are applicable on girl and her family based on suicide and hiding truth facts? DEPENDS UPON THE FULL FACTS ======================== 4)It also came to our notice that the girl side might go for Anticipatory bail and quashing of FIR in high court. पैसा फ़ेंक तमाशा देख HIRE ADVOCATE AND OPPOSE BAIL. ======================== What should be done to prevent both Anticipatory bail for girl and quashing of FIR? पैसा फ़ेंक तमाशा देख HIRE ADVOCATE AND OPPOSE BAIL. ======================== 5)Also girl side had given some cash ,jewellery ,how to return it ? this is a wise question. if any part of jewellery (including given by your side) remains with you then you (and other family members as well) can be booked under non-bailable section of 406/409 of IPC. You may consult your lawyer whether to deposit it in the Malkhana of police (this will give a que to the police to provoke action against you who you are going to annoy) or you can send notice to the girl to make arrangements to collect her STRIDHAN.

Karan   28 January 2016

Hi,

The incident happened on 15 Dec.

We had submitted complaint on 16 Dec to IO and then a revised complaint on 4 Jan  to DCP and  again for inaction of police.

It has been around 1.5 months and police has still not done FIR and is not looking eager to do FIR.

I have contacted lawyer and filing complaint plus 156(3) on 30 Jan in court.

Since there has been a delay of around 1.5 month in filing the complaint  in court ,I want to know how it will impact FIR and case.

 


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