(Querist) 13 March 2010
This query is : Resolved
Respected experts....... One of my client was tortured and beaten in police custody in false theft case. Police prepared false sec 27 Evidence Act information and recovred concerned Motor Cycle. I want to file a complaint under sec 190 CrPC for the offences 330, 342,323 IPC. But my client very scared now. Now he is on bail from sessions court. They are very poor and their financial condition also not good. The charge sheet has not been file yet.They are afraiding that if they file the complaint then in future the police might be do anything wrong against him and his family and they are asking me that " vakil ji, kya police walo ke khilaf pariwaad pesh karna uchit hoga? kahi police muze aur mere pariwar ko bhavishya me kisi zuthey case main to nahi fasa degi" pls advise me.
Raj Kumar Makkad
(Expert) 13 March 2010
Ajitabh! We advocates represent our clients and do on their instructions. We have our entire limitations. Even though much can be done but on the basis of whom?
If pillar is weak, we cannot built any structure thereon. In the given facts, your client has neither will power, courage nor has money to face the coming dangers which may occur in this path so leave this idea and confine totally to the ongoing case.
(Expert) 14 March 2010
good advice by expert makkad. the fear of ur client has substance. so try to get acquittal in this case.
(Querist) 14 March 2010
Respected Mr Makkad and Mr Sukhija, thank you for reply.... Regards---- Ajitabh
I understand your situation. It is going to be a tough battle if your clients are not having the strength of conviction to fight a long battle. If it is only assurance that they are looking for, that they will not be harmed in future by the Police, this is not a major issue. There are very competent senior police officers who are extremely progressive in their thoughts, and very law-abiding.
Unofficially, you can test the waters, by talking to the SP, DCP or DIG and seek his advice. You can also talk to the local Human Rights group to get additional support.
Once you are sure that you have the necessary support, you can take legal steps. Ensure you file a separate application seeking Police Protection from the accused Police Officers. Mark a copy to the Home Ministry.
Hope this helps..
(Querist) 14 March 2010
Thanks Mr James for your guidance. Regards. Ajitabh....