Lack of Witness : Could not arrest/recovery
JAYWANT UBALE
(Querist) 05 May 2015
This query is : Resolved
Sir
My friend an party in 498, on the day of hearing was beaten and her gold bangles were snatched by the applicant (who is daughter/sister/sister-in-law of police official) & her Advocates Junior in the court premises. My friend rushed the nearest PS where she and her bags were cross checked by the lady police official next to gents lock up, further she was sent for medical examination, she brought the medical certificate. Meanwhile the applicant filed an NC against my friend and she was left free. When my friend came back after medical examination an NC was lodged whereas my friend intended for FIR, hence FIR was lodged u/s 392 for which she was asked to sit in the PS till late night 2300 hours and then was asked to collect copies on the next day. On the 4th day after the incident the IO asked my friend to come at the site of incident, two people confirmed the incident but refused to stand witness hence the IO concluded that due to lack of witness he cannot arrest the accused nor the recovery can be made of the gold bangles.
Is their any clause to approach the judicial authority and make the IO to do his duty as his words and actions clearly reveals MONOPOLY
P. Venu
(Expert) 06 May 2015
Facts are confused and tentative. It would be better if your friends puts up this query making the facts simple.
SAINATH DEVALLA
(Expert) 06 May 2015
Dear Author
Ur query is not clear better ask somebody to draft it in a proper manner.
Dr J C Vashista
(Expert) 06 May 2015
What is the opinion and advise of her advocate?
T. Kalaiselvan, Advocate
(Expert) 07 May 2015
Why dont you consult an experienced advocate and proceed as per his advise in the local issue involving the police arrogance too.
