156(3) / 366,365,506,497,493 ipc
B Pradhan Singha
(Querist) 13 July 2012
This query is : Resolved
Dear sir,
Fact is that, my wife is a muslim and i am hindu, we got married under special marriage act. and after marriage we spent 24 hours in my resident and consummated thereon. But on the next day evening my wife's parents, brothers, brothers-in-laws and some antisocial associated with them, forcefully abduct her. They threat me and my family with our life and liberty. I made a written complaint to the local PS stating the fact but police entered the same as a GD. They didn't take the cognizance of the matter.
In the mean time I was informed by my wife over phone that her parents and relatives given her a forceful 2nd marriage with someone of her religion, who also aware about the fact. Though I don't know the name address of the person, but know that he is a teacher of a secondary school.
After that, I addressed a letter to the SP of Paschim Medinipur to look after the matter. After few more days i also addressed a letter to DG&IG of Police WB stating the fact and references as above. Further I have again given letter to the said IC/OC of Kotwali P.S.(however they refuse to accept the letter I had send it through speed post, and send copy to SP of Paschim Medinipur, DG & IG of Police (WB), WB Human Rights Commission, Chief Minister of West Bengal and Press Club Kolkata, further requesting them to look into the matter by lodging a specific case U/S 365,366,506,120B, 497 IPC and to recover my abducted wife from the illegal confinement. but after waiting few days, having no effective means, I move 156(3) Cr PC before the CJM of the district. 156(3) was allowed by the Ld. Court with a direction to the said P.S to start a specific case and investigate the matter.
But till a week over, no action have been taken, no one was arrested, not the victim girl(my wife) has been recovered. I think police have influenced by money.
So what should i do now, so that i can contact with my wife and get back her at earliest. I want proper investigation, otherwise i can not be able to prof the 2nd marriage of her, as i have no documents of the said 2nd marriage. they will try hard to console the said 2nd marriage. I have no contact with my wife also. we have a 12 year courtship, and i am confident about her but she is threatens by her families about my life. and because of that she silently follow them.
May i ask CID investigation? and How? May police submit false report hiding the actual fact? if so how the real fact will come out. is there any legal process to contact my wife. may i file any case against police to follow the investigation properly and also to arrest the accused person. may i go to high court?
Please help me.
Thanks,
Bangendu Pradhan singha
9647207530
Adv.R.P.Chugh
(Expert) 13 July 2012
In such cases the writ of habeas corpus is most effective. File it in your High Court - the HC would direct the local police to ensure the production of your wife in the High Court, and then ask her take on it, without any fear or influence. If she desires to stay with you, HC would allow that, and even give you protection. If no action is being taken on your 156(3) then approach the High Court under its writ jurisdiction in a writ of mandamus seeking direction to local police would be beneficial.
Feel free to talk !
B Pradhan Singha
(Querist) 13 July 2012
may i ask for CID investigation?
In case of writ of habeas corpus, may i will be permitted to meet the corpus before submit in court?
Actualy, She is not aware about the laws,fundamental rights etc. And she may be miss directed by her relatives by threats and emotion, to disclose her free desire. In a move of habeas corpus, is there any option of being cross by the advocate to know the real fact? what is the actual procedure during the move of a habeas corpus writ petition.
If I file A HABEAS CORPUS Writ petition before the H C, what will be about the said FIR/investigation already ordered U/S 156(3)by the CJM. Would the investigation will go on and the accused would be arrested? May i link this Direction U/S 156(3) in my writ petition?
Raj Kumar Makkad
(Expert) 13 July 2012
Though you shall not be provided any prior opportunity to meet your wife in habeas corpus writ but definitely court shall create a confidence in her to speak truth and her free will and desire and accordingly decision shall be taken. You should immediately move for that writ.
Nadeem Qureshi
(Expert) 14 July 2012
Dear Querist
no need to worry about HC or any other higher court, first of all you should filed an application under section 93 of Cr.PC and approached to the court to issue a search warrant to search your wife.
93. When search warrant may be issued.
(1) (a) where any court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or
(b) where such document or thing is not known to the Court to be in the possession of any person, or
(c) where the court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection,
it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.
(2) The court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.
(3) Nothing contained in this section shall authorize any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.
Feel free to call
Sudhir Kumar, Advocate
(Expert) 06 September 2012
Full sympathy for you. You have opened so many threads on the same issue :-
http://www.lawyersclubindia.com/experts/366-497-376-336576.asp
http://www.lawyersclubindia.com/experts/police-protection-336526.asp
http://www.lawyersclubindia.com/experts/164-CRpc-335121.asp
http://www.lawyersclubindia.com/experts/156-3-366-365-506-497-493-IPC-335061.asp
http://www.lawyersclubindia.com/experts/URGENT-366-365-497-506-IPC-325251.asp
http://www.lawyersclubindia.com/experts/164-CRpc-322991.asp
http://www.lawyersclubindia.com/experts/RTI-Act-321936.asp
http://www.lawyersclubindia.com/experts/156-3-366-365-506-497-493-IPC-321916.asp
http://www.lawyersclubindia.com/experts/is-2nd-marriage-legal-if-first-marriage-is-under-special-marriage-act-296866.asp
You are advised to put all queries on one thread instead of getting confused.
Facts shown in these threads indicate the you are on good legal footing.
