Trueme (Not Applicable) 05 January 2012

Diluting 498 a case

After a tortuous stay in my father in law's place in Salem District (Tamil Nadu), I lodged a 4 page long complaint with the All Women Police Station in that area against my husband and father in law, three and half months ago. The police, after initial enquiries, appeared satisfied with my version. They felt that my petition was lengthy and told me that the petition must be short and brief. Accordingly they dictated to me a fresh petition covering only one or two points. This was certainly brief but many allegations had been omitted. When questioned, the Police Official said that - a) the courts do not want lengthy stories b) in the court both the complainant (me) and the Investigating Officer must be able to repeat verbatim the charges and testify and c) a short petition stands firmly against the defence lawyer during cross examination etc. I felt that they must be right and reluctantly said ok. An FIR under Section 498 A was filed against my husband and father in law.

After reaching my parents' house at Chennai, I came to know that somehow my husband and father in law had managed to avoid getting arrested and had obtained Anticipatory Bail. I suspected some police help in this matter. I was told that a charge sheet would be filed in the Magistrate Court within 90 days.

Now even after 105 days there is no word either from the All Women Police Station or the Judicial Magistrate Court of that area. I stay in Chennai - almost 400 kilometres away from that place. My telephone enquiries to the Police Station do not elicit satisfactory replies.

I have the following doubts:

1) My husband and father in law must have influenced the local police to dilute the complaint/FIR.

2) They have managed to get Anticipatory Bail possibly by bribing the police/court officials.

3) They are using their influence to delay filing of charge sheet.

4) Is it possible to strengthen the old FIR or file an additional one?

A local lawyer advised me to file a petition requesting "direction" with the Madras High Court and the lower court in Salem District has to necessarily instruct the local police station to file a charge sheet. Is this so?

Please inform me of your views in the matter.

Thanks and regards, trueme.

Reply Follow

7 Replies

Ratnesh kumar (Advocate) 05 January 2012

you should file a protest cum complain pettiotion in the court stating all the facts and give one or two witness in that case the court will itself take the cognigance and u will try to teach your in laws what u want to teach

Sanjeev (Lawyer) 05 January 2012

There is no need to reach high court and waste money law will take its own time the process is slow and bail cannot be denied they will face trial once chargesheet is submitted. There is no timeline for submitting chargesheet the 90 day period would have been mandatory if the accused would have been arrested and would have been in Jail.

If they would have influenced the police then you would have even failed to get the FIR registered. The IO can take statements from you and other witness before filing the chargesheet so you can still get those included.

The cases dont conclude in a day it would take years were you expecting any immediate results by filing the FIR.

MADURAI LAWYER (LEGAL CONSULTANT) 06 January 2012

Dear Mam,

Hope, you would have gone through the views expressed by learned brother Mr.Sanjeev. I support his views. However, if you still want an impartial investigation, you can file a petition for direction before High Court for change of Investigation Officer(IO) and for filing of final report at the earliest or within a time frame.

For further clarification, kindly feel free to contact me on 9842197857.

S.JEEVAGAN, M.A.,LL.M.,

Advocate & Legal Consultant.

MADURAI.

https://www.jeevaganadvocate.com/contact.php

Trueme (Not Applicable) 06 January 2012

Thanks to Advocates - M/s Ratnesh Kumar, Sanjeev and S Jeevagan.

Protest cum Complaint Petitition - At which court is this to be filed?

It's not for teaching anyone any lesson. The whole exercise is to register my anguish and seek justice.

Yes, it's a long drawn process. When the accused have been granted Anticipatory Bail on conditions

like presenting themselves before the concerned Police Station on daily/weekly/monthly basis, do they

have to continue to abide by it till a charge sheet is filed?

The FIR was registered mainly at the instance of a woman sub-inspector. She did this after a spot enquiry

and consulting the DSP. But this lady is not empowered to function as an IO. This particular

All Women Police Station is nominally headed by the lady sub-inspector and the powers to file

FIR/Investigation etc lies with the male Inspector of Police attached to the general police station

functioning within that compound.

My husband side people have a relative working in the concerned police station and I grew

suspicuous only after seeing the pally pally goings on between the accused and the IO (male

police inspector). The police people only surreptituously informed the accused about the

impending arrest and to seek AB. Besides when my husband appeared before TN State Women's

Commission, he was found taking the name of the IO casually.

Thanks for informing me that I can request the High Court for change of IO and

as well as for expediting the case within a time frame.

Now my question is - can I ask for shifting of the case to a court in Chennai citing the distance/trouble

etc? Or will it suffice only to ask for change of the IO ?

Trueme (Not Applicable) 09 January 2012

Thanks to Advocates - M/s Ratnesh Kumar, Sanjeev and S Jeevagan.

Protest cum Complaint Petitition - At which court is this to be filed?

It's not for teaching anyone any lesson. The whole exercise is to register my anguish and seek justice.

Yes, it's a long drawn process. When the accused have been granted Anticipatory Bail on conditions like presenting themselves before the concerned Police Station on daily/weekly/monthly basis, do they have to continue to abide by it till a charge sheet is filed?

The FIR was registered mainly at the instance of a woman sub-inspector. She did this after a spot enquiry and consulting the DSP. But this lady is not empowered to function as an IO. This particular All Women Police Station is nominally headed by the lady sub-inspector and the powers to file

FIR/Investigation etc lies with the male Inspector of Police attached to the general police station functioning within that compound.

My husband side people have a relative working in the concerned police station and I grew suspicuous only after seeing the pally pally goings on between the accused and the IO (male police inspector). The police people only surreptituously informed the accused about the impending arrest and to seek AB. Besides when my husband appeared before TN State Women's

Commission, he was found taking the name of the IO casually.

Thanks for informing me that I can request the High Court for change of IO and

as well as for expediting the case within a time frame.

Now my question is - can I ask for shifting of the case to a court in Chennai citing the distance/trouble etc? Or will it suffice only to ask for change of the IO ?

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vijairajesh (practitioner) 09 January 2012

ya madam..

You can transfer the case on some valuable grounds, it is the right adhere with you unless the accused harrassed. if u want to transfer from district to another, petition may be filed at High court under section 407 of Cr.P.C.

V ra