can whole family get arrested

Querist : Anonymous (Querist) 19 March 2010 This query is : Resolved
Hi,Iam filing a case against my wife u/s 312 as she has aborted my child i want to know the process how it works i want my wife's whole family to get arrested. I have the medical certificate saying that she was not allowed to travel while pregnancy but still she travelled with her brother in train to her mother's house, her brother said she will comeback after 15 days as her grandfather is not well after a week her mother said that they have aborted my child and all this happenened without my consent. iam filing a private complaint u/s 125(3)crpc.
pls explain what steps will be taken once complaint is filed.

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Sanjeev Panda (Expert) 19 March 2010
The offence u/s 312 IPC is non cognizable & bailable offence so no arrest can be made without the warrant by the magistrate. The said offence is triable by Magistrate of 1st Class and you can file a complaint with the concerned court u/s 190 r/w 200 Cr.P.C.

Querist : Anonymous (Querist) 19 March 2010
sir can u brief in detail pls

Parthasarathi Loganathan (Expert) 19 March 2010
These personal matters have to be submitted by means of a written complaint under the said provisions of Criminal Procedure Code

Raj Kumar Makkad (Expert) 20 March 2010
Engage a local criminal side practising lawyer and put entire facts before him. He shall draft the complaint on your instructions and Judicial Magistrate shall record your statement as well as statements of other witnesses to be pleaded by you and thereafter court shall issue notice to the accused persons after considering the entire material put on file.

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