Anar Singh ( justice seeker) 26 August 2014

Please help

Dear All,

HELP HELP... PLS SAVE WOMEN OF THIS COUNTRY

I am in a great suffering .. Please help... I am 75 year old poor man whose daughter brutally got murdered by her own husband who is an influential Govt employee in (U.P) after 27 years of marriage due to extra marital relationship which is clear from the postmortem report. the two grown up kids has initially stopped us for taking any action and the police has made complainant his servant .. Later on he changed his stand and got the investigation changed to his place where he is posted and with police he has already got the Final report filed stating there is murder who had done police is unable to find. In the mean time we have file a petition in High court Allahabad which was accepted and the case got transferred back to Agra . Now again the police is trying to hush up the case. NO ARREST HAS TAKEN PLACE EVEN AFTER FOUR MONTHS NOT EVEN THE SUSPENSION OF A GOVT EMPLOYEE.

CAN WE FILE AN PETITION IN THE COURT FOR HIS ARREST & SUSPENSION AS he is affecting investigation and influencing witness.

PLS HELP AND PROVIDE LEGAL REMEDY.

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3 Replies

Ashok, Advocate (Lawyer at Delhi) 26 August 2014

It is not clear from your message as to what sort of case has been registered against your son-in-law. Has the police registered a case of murder under Section 302 IPC or is it merely a case of unnatural death under Section 174 Cr.P.C.? If a case of murder has already been registered against your son-in-law for killing your daughter, then generally the police would arrest him. On the other hand, if at this stage, it is only a case of unnatural death under Section 174 Cr.P.C., in that case arrest may not be possible. On completion of the investigation under Section 174 Cr.P.C., if the police finds that a cognizable offence is made out (for Section 302 IPC or some other relevant offence), then they would register a regular offence by filing an FIR under Section 154 Cr.P.C. and it would be thereafter that an arrest could be made.

However, you can definitely ask for investigation by an independent agency such as State CID or by a senior officer of the regular district police in order to have a fair investigation in case you have a genuine doubt that the local police officers are hand-in-glove with the culprit.

Therefore, in the absence of full details, it is difficult to answer your query other than by the above general answer.

Anar Singh ( justice seeker) 27 August 2014

Dear Sir ,

Ashok Ji

Thanks for your reply. You are doing a great job by helping the needy people. Gratitude.

I humbly would like to submit that a case under section 302 is registered even then the arrest is not taking place.

Also complainant has change his stand.

The postmortem clearly indicates the strangulation & asphyxia and there are 5 antimortem injuries. And at the time of death my son inlaw was present at the house.

The police is trying to help culprit even at the senior level.

If you require I can send the PM Report and FIR copy.

Your prompt reply would definitely help. Can we directly approach the high court for his arrest.

Best regards

Ashok, Advocate (Lawyer at Delhi) 27 August 2014

From the additional facts provided by you, it appears to be a serious matter. Since you earlier stated that the case was transferred on the order of the High Court, you may again approach the High Court if the investigation is not being conducted properly. If needed, you can pray before the High Court to transfer the case to State CID or CBI for a proper investigation, or for transfer of the case to some senior police officer.