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Pratik Jain (Sr. Exe)     31 March 2016

Criminal case again our maid

Hi, Please help on the below case what needs to be, this case is releated to our maid who said that his brother in law has filed a fake FIR against him in order to posses her property. Her husband suicide due to loss in business as per her statement. IN THE COURT OF CHIEF JUDICIAL MAGISTRATE(CJM) , KRISHNAGAR, NADIA CASE NO. 1787 OF 2014 Victim/Petitioner Mrinal Sarkar S/o. Late Lalit Sarkar Collegepara PO Bethuadahari PS Nakashipara Dist. Nadia Witnesses : 1) Smt. Sikha Rani Sarkar 2) Shri Sunil Sarkar 3) Shri Subroto Sarkar 4) Shri Gauranga Sarkar Collegepara, Khidirpore, Purba Para 5) Doctor of Shaktinagar Hospital and others during that time. Accused 1) Shri Gopal Saha, son of Sujit Saha, Nachur, PS Nakashipara, Dist. Nadia 2) Shri Sanjit Saha, son of Sujit Saha 3) Shri Jiban Saha, son of Sujit Saha, both residing at …………. PS Nakashipara, Dist. Nadia 4) Smt. Devika……….daughter of late Dilip……….. 5) Shri Kartick Saha, son of late……….both residing at Collegepara, PO Bethuadahari, PS Nakashipara, Dist. Nadia. Place of incident Gas Godown/Room of the accused and Street At Collegepara, PO Bethuadahari, Dist. Nadia. Date of incident: 23.07.2013 and 26.07.2013 Under section …………..of IPC and such other sections My humble submissions is that the above accused are real brothers and they are getting financially sound by doing business of colouring coriander, cumin seeds with the use of gas room. The accused no. 1 got into extra marital relation with my sister-in-law Ms. Devika Sarkar (wife of my deceased brother Shri Dilip Sarkar). On coming to know about this my brother warned his wife and asked the accused no. 1 not to visit his home during his(my brother’s) absence. But nobody listened to this. On 23.07.2013 when my brother found them (accused no. 1 and Ms. Devika Sarkar) in a compromised position, he insulted them very rudely. Then they though initially pleaded for forgiveness but apprehending that this news may spread into the society, accused no. 1 tried to smother him by grasping his throat and my brother’s wife(accused no. 4) was provoking him. My brother getting frightened prayed for his life. Then fearing the news of illegal relationship may spread into the society all the accused conspired and picked up my brother and took him into the gas room from where they are running and beat him heavily. After that they released him and my brother got very frightened when alone and on seeing the accused. At last due to such humiliation of physical and mentally torture he committed suicide. On 26.07.2013 seeing the dead body of my brother on the road I lodged a complaint but it has been misplaced by the Police and did not get the Post mortem report. Then approaching the higher police authorities and Human Rights Commission I got the Post mortem report and on seeing the report, I could know that because of physical torture he got very much frightened and humiliated and finally committed suicide. Witnesses are aware of this. No case has been registered by the police. I already requested Superintendent of Police (SP) Sir I am making this appeal before the Court to kindly consider this appeal as an FIR under section 156(3) of IPC and transfer the case to the local police station i.e Nakashipara and investigation be carried out.


 4 Replies

ROHIT SHARMA (Legal Advisor )     31 March 2016

1.  I am able to understnd the case facts to certain extent.

2. Your lady maid servant's husband committed sucide as he has had suffred loss in buisness in which which his brothers too were also associated. 

3. The police must have recorded this death as accidental death and none of the brothers of the deceased were implicated as abbettor abetting the suicide. 

4.The fact that you have mentioned that your maid's servant's husband committed suicide as for the reasons of the illicit relations of one his brothers with the wife of another brother can be adduced as evidence for abetting suiciide.  .

5. Yes, your lady maid servant can file a private complaint with the D.C.J. & J.M. (F.C.)  seeking direction from the court to direct the police to file F.I.R. u/s 156(3)  against such brother who had developed illicit relations with the wife of your maid's brother in law which was the cause why your maid's husband had committed suicide. 


Sudhir Kumar, Advocate (Advocate)     02 April 2016

No time to read entire complaint. o you want advise on what point.

Sudhir Kumar, Advocate (Advocate)     02 April 2016




Sudhir Kumar, Advocate (Advocate)     02 April 2016



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