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Sonam Kaur (teaching )     17 November 2017

If state vs accused if gt dismissed can i file private case.

Hello My case is in lower court >I was 2 time molested by a group of people of same family in which 6 where accused .now police had filed FIR after 16 months of incident , secondly they destroyed my material evidence and third they arrested only two and brought in front of magistrate. but but .. they made casse as state vs. they have not made the fir as per my incident . they wrote nc on non existing person i complaint many time no one listened to me. they file FIR but left 4 people saying no proof they got . now Judge is not allowing me to speak openly . she is not ready to listen anything against police. she want me to say what police had written in FIR. well my incident was like of 20 page and FIR only half page they wrote as per police police not ready to accept that they wrote as they wanted to write and cut my many points . i brought this in notice but then  Judge is also saying say what ever u have written in fir ,nothing more i would listen any additional. but i know police wanted to save my molesters and judge also wanted to safeguard police . .. she did not allow me to give my statement instead she said produce all yr follow up i did since 16 months . she stopped my statement and gave me next date.. i found she is biased so i am thinking what to do . now she is threatening me saying if i dont come and give my statement she would dismissed my case.. 

but i did not came directly to magistrate.. its police who filed charge sheet and brought them in from of magistrate .it was not my private case then what she will dismiss my case? can it will be benefit for me to file my private case? police had collected proof  against two but police have not mentioned where they arrested the accused and when they are arrested also in two incident what was first incident and what was second incident who are accused in both. What should i do. i m not in mood to agree what way police wrote my my FIR was fairly written. if she dismissed then what should i do? she isnot also allwoig me to give my statement nor she is ready to accept my statement in written..plz guide .. only experienced lawyer to comment and advise me.


 5 Replies

surinder mittal   27 November 2017

very strange...none of the expert gave opinions and advise yet...

I m with u ..
1 Like

Sonam Kaur (teaching )     27 November 2017

i think this is the nerve i had caught . in this way the proceeding flows and in this ways lawyers get point to extend the years of case to long and long 3 4 5 6 7 8 9 10 years they will strecth this case and wont tell what is wrong and what is to be done before anything doing next . benifits and drawback.. what a constituition of india to get justice victim is crying for help and here court and police and lawyers are thiking bakra mil gaya case ghumaao paisa nikalwao aur victim ko aur satao.. 

1 Like

surinder (engineer)     27 November 2017


1 Like

Renjith Sadanandan (Advocate)     05 December 2017

You are necessarily a victim as per the definition in Criminal Procedure Code. So I think you can file an appeal as per Section 372 proviso of Criminal Procedure Code in case there is dismissal. Supreme Court has widened the scope of word "victim".

Sonam Kaur (teaching )     06 December 2017

Thank U Sir.

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