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Srinivas (.)     02 August 2014

Parents kept in police station 5days by in laws and ci

Hi All, My wife filed 498a and DP 3  & 4 on me on 03.09.2013. but in FIR my parents names not there and Due to the in laws force, police came to our house on 18.10.2013 and taken my parents to police station.I went to police station on 21.10.2013..because of police pressure and in laws preassure they told us to sign white paper (In that they written 6 lakhs dowry taken same we signed and in laws also signed on that).. later my wife’s father told to CI send him to remand and written my parents names same in Remand Report and they written absconded in Remand Report. My parents went to home on 24.10.2013 and I got bail on 26.10.2013.

1)      1) CI and In laws, kept my parents in police station 5 days and taken my parents signatures and added my parents name in Remand Report .Please advise can we take any action on this now ? if so what action we can on CI and In laws?

2)     2)  Due to the police force and in laws force, we sign white paper (In that they written 6 lakhs dowry taken same we signed and in laws also signed on that). Please advise can we take any action on this now ? if so what action we can on CI and In laws?

 

Thanks to all…….



Learning

 49 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 August 2014

Mr. Srinivas,

 

Please follow Section 24 of Indian Evidence Act 1872.

 

 24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.-A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise 1* having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds, which would appear to him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.

 

So whatever you and your parents have written and signed forcefully are not a evidence as per above.

Please file Writ Petition (Article 226) in High Court by making party of State, wife & in-laws and state all circumstantial evidences (List of Dates and Events) with valid copies of documentary evidence and arguments you have. Please do It in-person(Without Advocate) and prey for your parent's quashing and prey for giving direction to the State to take appropriate action against them.

 

Sample petitions and in-person filing tips are in my link bellow. Please let me know if you have any question for filling in-person?

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 August 2014

Dear Querist

At the time of arresting of your parents, you or your relatives have sent any mail, fax, complaint to higher authority regarding this incident, if yes then you may file a complaint against them before NHRC & Police Reddressal Forum & claim damages & demand strict action against them

if not, then you can not do that but these confessional statements are not valid before the court.

Feel Free to Call

 

@Rockey all are not same in this world

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 August 2014

@ Mr. Qureshi,

 

My work is my identity.

 

                           498A

 

There are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of 32 of Advocate Act.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 August 2014

Valid point has been raised by Ld. Nadeem, if you had not complained immediately, then you can not take any action against CI.

 

Also, any admission under coercion is not admissible. So you would have to contest the same.

 

 

 
 
Regards,
 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.

Srinivas (.)     02 August 2014

Hi All,Thanks for quick responses...I don't have any document evidences now...only I have copy of white paper.. but I want to take action against in laws...Is this valid proof? Please advise.

Please advise to whom i need to send emails to higher authority..Please provide higher authority email.id's details..

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 August 2014

Dear friend,

Wirt Petition is the best option for you rather than sending email.

 

https:// https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 August 2014

Which Writ ?? 

 

Could you clarify, Rocky?

 

 

 
Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 August 2014

Article 226 of Indian Constitution.

 

Writ in the nature of Mandamus and/or Writ of Certiorari and/or Writ of Prohibition and /or any Other Writ or Writ, Order or Orders, Direction or Directions

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 August 2014

Along with CrPC 482 and Indian Evidence Act 1872 and Dowry Prohibition Act (if needed).

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 August 2014

Which of these writs would be applicable in the instant case was my question. Everyone knows there are these many writs.

 

Only you are advising to file a writ, so I wanted to know which writ shall he file? 


Regards,

 

If you don't fight for what you want, don't cry for what you LOST.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 August 2014

Already answered in my previous post.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 August 2014

:) :) :) 

 

It is easy to through in some jargons, than actually follow it up.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     06 August 2014

Easy or hard depends on view of the individuals.

 

Everyone should know "Survival of the Fittest" & "Fight for Right"

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 August 2014

One small correction, the famous biologist Darwin coined the phrase "survival of the fit". 

 

Few verbose over-emphasizing humdrum changed the expression to wearisome "survival of the fittest" and no matter how many times this is repeated, the true expression to learn would remain the former.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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