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Kadar (Engineer)     05 October 2014

Private complaint after 304b and 498a charge sheet

Sir/Madam,

My Brother in Law, his parents, my wife, and my wife's married sisters are falsely accused of sec 304b and 498A in the FIR and added my name and my wife's another sister's husband in the chargesheet.

Case background:

My brother in laws wife had some personality disorder and she was never wanted to lead a married life with my brother in law from day one of marriage and it was routine that she used to go and stay in her maternal home (12 hrs train journey from matrimonial home)for 3 to 6 months on regular basis. My Brother in Law's father  in law is a strong political leader. His father in law used to threaten all of us for dire consequences like 498a if questioned on her behavior.  In fact my brother in law filed a police complaint few years back against his father in law. My brother in law  was staying separately  for past 2.5 years with his wife without any contact with rest of the family. As usual my in law's wife went and staying in her maternal house for past 9 months with her 4.5 year's old daughter. She was not even in touch by phone with her husband for past 4 months. On the unfortunate day, she used her father's revolver and shot her daughter and shot herself by 5:00PM. This incident was not informed to any of us. Instead there are two FIR's made,

1. one by the his sister in law complaining against the deceased sister for killing her daughter by 7.00PM and

2. another FIR by brother of deceased by 9:00PM against my brother in law , father &mother in law and sister in laws (one sister in law is residing abroad for past 10 years) and my wife under ipc 304B and 498A with a mention of huge demand of money around 20 lakhs.

My brother in law was under JC for 1 months and all the accused are bail and anticipatory bail now from High Court.  This case is purely investigated under political pressure and during police custody my brother in law was unlawfully hit by all of the deceased family members inside the police station to third degree.  Now charge sheet is completed and having a appearance date by next month. In the charge sheet they have added my name (deceased sister in law's husband) and another sister's husband.  The charge sheet is having full of cooked up evidences and incidents  by money and political power. Even they added sister who is living abroad for past ten years in the charge sheet.  We are middle class family wondering how to handle the false charges.

Questions:

1. We are suspecting and have few evidence and leads for investigation that it may be honour killing by victim's family. The IO is close to victim's family and we strongly believe that even the IO is involved in diverting this case. Can we appeal to  High Court with private complaint for investigation by politically neutral agency. or file a Human rights complaint?. What are the probable consequences. It is already 7 months now, any delay will lead to destruction of evidences.

2. We had appealed for quashing in HC. Our Lawyer withdrew on the direction of the Judge to appeal again after investigation completion?. Since charge sheet filed,  Should we re appeal again as each family is living separately with kids?

3. We are fearing our life as the case is in district level city having lots of political influence by opposition. Is there a way to transfer the case to metro city where we are residing.

Please help   Thanks in advance.


Learning

 6 Replies

N.K.Assumi (Advocate)     05 October 2014

Yes, very unfortunate indeed. But it will not be possible to provide you any concrete answer to your query. In such a case lawyer has to see the complaint filed before the Police and how two FIRs was filed, the charge sheet, statements of witnesses, finger mark on the revolver provided by the expert report and the scene of the crime etc. Best is to immediately engage a good criminal lawyer to defend all of you.

AS   05 October 2014

Hire a very very good lawyer. I know one lawyer in Haryana . He is money eater telling you in advance. so show him that you are poor people from starting...

But yes he fight there cases in a good way. Recently in 304B case in ambala , he is able to save mother and sister but ya boy(husband) got 7 year punishment.

Transfer a criminal case is tuff jog , because it is state v/s you...still talk to lawyer.

 

 

 

Dr J C Vashista (Advocate)     05 October 2014

Which court (where) are the cases going on? Engage a local prudent lawyer, give proper breifing and contest. Political clout works at most of the places, which is least in metro cities.

Sudhir Kumar, Advocate (Advocate)     05 October 2014

agreed with experts  

Kadar (Engineer)     06 October 2014

Few days back charge sheet was filed.Case yet to start in Gulbarga, Karnataka. We understood the way polical clout works in all levels of police and judiciary while taking bail & anticipatory bail.

T. Kalaiselvan, Advocate (Advocate)     09 October 2014

This is a case dominated by political influence, even a slight negligence will bring disaster, hence better ask your advocate to be always vigil. In fact impleading a party residing at abroad for the past 10 years is a vital point on  which basis the case can be proceeded to prove it be a false and frivolous case.  By falsely implicating a person who has not even visited the country in the last  10 years cannot be said to influence the alleged abetment to suicide.   Thus the complaint itself appears to be criminally motivated and highhanded.  Please be in close touch with your advocate throughout.


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