Statement under section 164 by the complainant
Tripathi
(Querist) 10 February 2016
This query is : Resolved
Respected Sirs,
My husband was implicated under false charges in a sexual harassment case by our neighbor who is a retired police official.
The retired police official has made illegal construction and we followed the due process of law and got the civil suit awarded in our favor. The authorities have undertaken only partial demolition and to prevent the filing of the execution petition, the retired police official has made an FIR using his connections. The sections are: 354 (c), 354 (d) 506, 509.
1. The police did not call us even once for any investigation even after seven months of filing such FIR.
2. On our own we went to the local PS and requested them to close the FIR. Though, they agree to close the FIR, they are not doing the same.
3. We made a formal representation with full details to the DCP of the area and requested for early investigation and closure of the FIR. No action by them.
4. We also filed a petition in the local court and asked for the status report.
To this, the IO has replied that the complainant has given a statement under section 164 before a magistrate and the investigation is On. But in reality, nothing is going on and we were never called to the PS till date.
Kindly clarify:
1. Our understanding is that only the accused gives the statement under 164 to the magistrate. Whereas the complainant has given. What does it mean to us?
2. Can we request for the copy of the statement made by the complainant under 164?
3. Is that the complainant wants to withdraw the FIR and hence they approached the court for the same and gave a statement under 164?
4. Can we go to the high court for quashing of the FIR since it is more than seven months and we have solid evidence to state that my husband was not even present on the said incident stated in the FIR?
5. The retired police official is in property business and undertaking illegal construction elsewhere also thereby misusing his past positions by influencing the local PS. Can we request the court for stopping of his pension?
6. Understand from reliable sources that during his service there were several complaints against him and was even suspended. Can we request the court to get those past details from his service record? - just to present the court that he is a habitual offender of misusing his authority.
7. What is the maximum time limit to file an execution petition in a Civil Suit?
Our sincere thanks to this forum of experts for their excellent help to the general public by taking their valuable time.
My apologies for the inconvenience caused.
Thanking you all,
Mrs.Raj Gupta
PS: Some gentlemen asked how come Tripathi becomes Mrs.Raj Gupta - Tripathy is my fathers surname and I am married to Shri Raj Gupta.
P. Venu
(Expert) 10 February 2016
This query had been posted earlier. In the given situation, there is nothing to be concerned and no need to go after the Police or the Courts. Technically, you have no knowledge of alleged FIR, other than hearsay. Let the monkey, if at all any, remain in the complainant's shoulders. By your over-enthusiasm or over-concern you are only fulfilling his objective to harass.
Tripathi
(Querist) 11 February 2016
Dear Shri Barmanji, Shri P. Venjiu and Shri Rajendra K Goyalji,
My sincere apologies for the inconvenience caused to you all in replying to my queries.
We thank you all for all the support given to us.
Onceagain, very sorry for the inconvenience to you all.
with regards,
Mrs.Raj Gupta
