Advice regarding section 324

How is your father now? I hope he has recovered.

Consult local lawyer or make written complaint to SP of your area for police to take appropriate action against the accused person.

Your FIR has been register or not?

 

Jyotirmaya Prasad Behera

Advocate Orissa High Court

9861819294

First clear it what police had did, they had registered fir or entry it on their DD register .

First clear it what police had did, they had registered fir or entry it on their DD register .

If your FIR is not registered you can approach Higher authorities like Police Superintendent or Deputy commissioner of  police  to arrest the  acused reative by registering your FIR. If you don't meet with success here also you can file acriminal  Writ of Mandamus to issue Fir  ansd If FIR ha has already been   isued  GIVE DIRECTIONS  THE LOCA POLIC TO ARREST YOUR RELATIVE.

If you appreciate this answer please comvey my forum thnaks.

 

Dear sir, Thank you very much for all your valuable suggestions

My father is recovering now, I don't know wether they have registered the complaint or not.When I asked the Sub Inspector what he said is ' we will see next four to five days if it serious then we will increase the section'.The accused person is moving freely.

 

Then engage an advocate and file a private criminal complaint U/S/ 200 Cr.P.C. read with Section 156(3) application along with the copy of complaint and medical reports before the area magistrate. The desired action will be taken upto your satisfaction.

This is a cognizable offence.

 

 

If the officer in charge refuses to record information in relation to a cognizable offence, then follow the below steps.

 

 

• If the police officer is not registering FIR under section 154 of Cr.P.C, then approach the superintendent of Police (SP), with a written application, under sub-section 3 of section 154 of Cr.P.C, 1973.

 

 

• The SP may either investigate the offence himself or direct any other police officer to investigate the offence instead.

 

 

• Yet if, police refuse to register FIR, or despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can approach Magistrate concerned under section 156 (3) of Cr.P.C. 

S 324 IPC is a cognizable offence.

 

@Ramesh,

Your question seems an academic query rather than legal issue to me. 

 

As you said knife or rod is used in the attack, either Section 324 or 326 IPC applies.  Which of these two sections applies depend upon the nature of the injury he received.  It is simple hurt S. 324 and grievous hurt then Section 326 applies.  In such situations, in view of the facts, in some cases even Section 307 IPC is also attracted.  Hence, my advice to engage an advocate.

I agree with Samarpan.

can advocate for the victim / informant defend as APP or PP defend in trial ?

The victim may, pursuant to section 24 of the Code of Criminal Procedure engage his own advocate to aid or assist the public prosecutor’s arguments.

 

 

To appoint a private advocate for the victim, you need to take permission of public prosecutor allotted to the case by court, and the private advocate will be treated as assistant of the public prosecutor, not as representing lawyer.  This matter totally depends on the public prosecutor - whether he agrees or not to take any private advocate's assistance.