hello everyone i am post kidney transplant patients and i need help


2 person beaten me with iron rods,

they both know I am post kidney transplant patients, my mother give me her kidney and give me new life,

I have CCTV proof, I have my MLC Report, I have eyewitness of Crime

police make my F.I.R but they charge only under section 323,

my have not agryee with that charg sheet charged,
what can I do for that?? plz do needful,

thank you
 
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Deputy Manager

Sorry, dear Nikul, even if they had broken your legs with the iron rods, Section 323 IPC would apply, which is a noncognizable offence, dealt with Section 155 of Cr PC.
 
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Advocate

What does the MLC state? Based on the contents thereof, you have option of taking up the matter with the higher authorities.

 
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Deputy Manager

Dear Nikul, I have full sympathy with you, even though we are strangers, but the fact of the matter is that Section 307 IPC (attempt to murder) would have been applied, if your attackers had known prior to attack that you are post kidney transplant victim. You are telling your medical condition to us through LCI. However, your medical report (if any) from the Govt. hospital may have shown that injuries received by you were from the blunt object and not by a knife (a sharp edged weapon) or the gun shot. Police higher authorities or Hospital higher authorities have no authority to change the medical report of the doctor, who has inspected you, (probably after lodging the NCR) which is the usual practice of the Indian police.
 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : Nikul Contractor
2 person beaten me with iron rods, they both know I am post kidney transplant patients, my mother give me her kidney and give me new life,I have CCTV proof, I have my MLC Report, I have eyewitness of Crimepolice make my F.I.R but they charge only under section 323,my have not agryee with that charg sheet charged, what can I do for that?? plz do needful,thank you

 

1. Depending on available evidences, you can file private criminal complaint in local magistrate court, under various IPC sections (with help of local lawyer) and proceed to prove your case.

2. Depending on various other parameters, You can also prefer to file a Civil Court suit against the accused persons, with supporting documentary evidences and claim damages & compensation for the financial losses and for the mental & physical trauma being caused to you.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 


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Deputy Manager

Since NCR under Section 155 Cr PC has already been lodged for the noncognizable crime under section 323 IPC, (let us presume on the basis of your information and the CCTV footage) but at the same time, it is your assumption that the attackers had prior knowledge of your medical condition, but your assumption is not the legal evidence. 2) The police has also submitted the charge sheet after the investigation of the NCR, may be without the order of the competent Magistrate under section 155(2) Cr PC. 3) Then during investigation, did you submit any evidence to the police (verbal or documentary) that the attackers had the prior knowledge of your medical condition. 4) Which, is just impossible for you to do so. 5) I have no authority to stop you to file a protest petition in the Court, but what will you explain to the Magistrate and how he can entertain your second complaint under section 156(3) Cr PC of the same incident.
 
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Lawyer

Beaten by rods and sustaining leg injury has no relevance or sympathy for kidney transplantation.

MLC conducted by attending doctor might have observed the injury as "simple" but not "grievious", isn't it? Can you show  a copy of MLC to a local lawyer for proper analyses and guidance. You may forward it to me, if you want some assistance/ help / proceeding.

 
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