Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Chinese Chef (Integration Architect)     28 December 2017

Io has colluded with accused - fir u/s 380 of ipc.

Dear experts,

A friend of mine going through the ordeal of a dysfunctional marriage (similar to mine) is facing multifarious cases. His wife is based out of City A and has filed cases in City B. However, while they were together, they cohabited in City C.

A few months back, my friend was able to file a FIR at City C U/s 380 of IPC against his wife. The case is a genuine one but it has been progressing very slowly due to lackadaisical attitude of Police.

After much instigation from my friend, police from City C raided home of the accused at City B and found her absconding. Since then, the case has been completely stalled. Apparently, police has shown no propensity to investigate the case as per the procedure and the accused (friend's wife) has never made an appearance to participate in the investigation.

Now to utter surprise of my friend, he somehow found through authentic sources that when the investigating office visited City B (from City C), his lodging was booked by the ACCUSED (friend's wife) using her credit card. Undoubtedly, the IO has colluded with the accused and conspiring against my friend.

Coming to my queries: -

  1. What can be done to take the investigation further and make Police file the chargesheet?
  2. What will happen if Police does not substantiate any of the allegations in the FIR?
  3. Is there a relief that my friend can pray directly from the court if a diluted chargesheet is presented by the police due to a botched up investigation?

HELP!.... please.

Thanks - CC


 2 Replies

1.File an application u/s 156(3) of Crpc before the Magistrate of City C. Investigation process will speed up.
2.Police will close the case if Police does not substantiate any of the allegations in the FIR.
3.You can always file a protest petition before Court in such cases.

Kumar Doab (FIN)     30 December 2017

Hope you have the entry in hotel register/ID submitted by guest/bills etc.

It is good if said CC payment record is also available.

Share these with your counsel.

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