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jailani (Finance analyst)     10 March 2011

Investigation officer is not receiving the summans

Hi,

My wife commited sucide after 3 months of marriage due to physical ailments of heavy ear pain and thyroid endocrine hormone imbalance. Due to that she has no mestrual periods, insomnia, feeling of depression etc., by leaving a death note saying, No one is responsible for my death. I dont want to live this due to my diseases. Good bye.

But her parents lodged a complaint saying, husband has tortured my daughter for dowry hence she commited sucide.

The Police got the postmorterm report saying she has taken a poison, then the Investigation officer approached me while i was crying near to the postmorterm room that, if you tip me 50,000/- i will remove one section may be 498A or 304B.

I said as of now i dont have any money, I will arrange and give it to you.

The police arrested me and presented me in the court and i was in Jail for about 2 weeks and got an bail on condition that, i have to sign  in the nearest police station on every sunday.

Afer coming out of bail, my in-laws contacted us for compromise and for settlement. But i said I will face the trial and prove that i am innocent.  and then i will file defamation case on you.

In between the police started torturing me for money evey week when i make signature in the nearest station. The police blackmailed and threatened me that, tip me 500 every time or else we will twist the sentences of your charge sheet which will make your charges more stronger and we will add you house owner as main witness against you. They said we will delay your charge sheet preparation until you pay us. you have to come every weak to make signature. you pay us, you dont need to come to station at all to make a signature. we will take care of it.

My inlaws started blackmailing me that , the police is investigating us for the charge sheet. Please provide the NOC for my wife Bank salaries of 3 months and one more NOC for Company group policy settlement of Rs. 20,00,000/-

I said no to all. And given a complaint to the Police head quarters stating the torture of police and Investigating officer also and got an acknowledgement for my complaint. Immediately from that police station I got a call to come to station and they asked why you had given complaint? and asked me to provide one more pettition stating that due to ignorance i had given but really they have not tortured and forced me to withdrawn the complaint. I said no to that.

Finally the Investigation officer and writter of that station were transfered to some other department not sure where they are. and the FIR and whole case was moved to womens police station. The womens police station IO preapred the chargesheet with full of stories and imaginations and sent to court. Finally i got relieved from signing in the station every week.

In between my inlaws contacted my advocate, relatives, friends to convice me for compromise and settlement for the speedy closure of the case. due to pressue of my parents and relatives saying i have to marry and focus on the 2nd life and to lead a peacefull life My wife brother also want to get marry after closing of the case. I also given the 2 NOC one for my wife salary and one more for Group life insurance policy for Rs,20,00,000/-

After obtaining this settlement they also came to court and said all statement in favour of me, before that, they were not ready to come to court even after many summons by court.

Now the problem is all the family witness statment was over and it was in favour of me, But the Investigation officer and some Police constables are not coming court for his side statement.  Due to that, the case is keep prolonging and i am attending all the court dates with out fail for nearly 4 years.

How do i proceed further how to bring the IO for his side statement and for the closure of the case..? Please need your advice..?



 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 March 2011

If police i.e., investigating officer is not ready to come to the court for evidence, court will issue bailable warrant to the officer, inspite of it he didn't appear then press for the closer of the evidence.

1 Like

prashant pundhir (Criminal Lawyer)     10 March 2011

Altough it is the work of the prosecution to call the witnesses and produce before the court . I am very much sure that the court was sommoning him but he is ignoring it .At the stage of evidance ,the date can only be adjorned when procecution gives application for it .Now you have to bring it to the notice of the court so that the court may  issue warrants and notice against him .Write an application-

(Name of the court )

case no.                                                   year

State v/s-------------                                  u/s-..........

                                                                   p/s-..................

Sir,

        With due regards I bring in to your notice that the above mentioned case is on the stage of evidance and the evidence of the investigeting officer is very important for disposal . Respected court is regularly summoning him for his evidence but he is neglecting the court for a long time . For the sake of the justice is important to call the IO wor his witness as the case is four year old .

          It is therefore prayed that pleaes issue non-bailable warrants and notice against him and also write to senior supritendent of police to produce him before the court on the date fix for the fast disposal of the case .

                                                                                                                                           Applicant

Date

                                                                                                                                     (                             )

Give this application to the court on the fixed date . The court will issue warrnats against him and will force him to attend the court . Also he can get arrested .

1 Like

jailani (Finance analyst)     27 April 2011

Thanks for reply. I got aquital and received the judgment also. Is there any way can i file a damage or compensation case against my in laws and state also for the false dowry harassment 498A and death case 304B. 

I went on many mental stain and stress due to this false case after the death of my wife  from that same day night to aquital i faced many problems due to my in laws and police also.

Can i have a  resolution for these..? Is there a way can i sue my in laws for their false dowry death case on me..?

Please suggest..?


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