LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Molestation:-fir reg after 16 months of investigation

Hello, I want to ask many question regarding my Molestation-outrage modesty. Incident took place on 21st April 2015.by mob of 5 same family . Police took no action 5 . These 5 and one of their family member joined and again  and molested me .This time i took all video recording. after 16 months FIR was reg u/s 143/147/149/504/506/509/354/ but Police arrested only two. No chargesheet copy given to us. 4 people are still roaming free. I provided 32 videos which was destroyed by Investigation officer he was silently transfered to other police station. Later preplaned molestation was exposed in AGM of soceity .But society did not took any action on the person who prepared boys to molest me and also stole the society letter head wrote my entire family history and handed to IO .These people are office bearers and my father exposed their corruption . 

Police brought 2 arrested one in from of megistrate .

after one year I got summon by court to record my statement,

But court is also cheating me as police did. 

Judge of the court is hurting me in front of my molesters .She did not allowing me to speak my incident on my own words. instead she is asking me to produce what all follow up i did after getting molested!( what if after rape and molestation girl wont do any follow up and went under severe trauma , or she is illeterate , then can police escape saying she did not followed up with us or court will agree this?) police taking action on complaint or follow up? 

The Mob repeated the Incident  again after 5 mnts and ran away after selling all their properties but police took no action .One year pass due to my deligently following up and brought the issue on twitter my FIR was reg . but see how police is harassing the victim itself. and now 

How should I proceed my case now.

Molesters has no single witness from our soceity . 

Police destroyed my video proofs. and judge did not want to listen any thing against police . she dont want to ask why other 4 accused mentioned in FIR are not yet arrested and co-accused arre related to the case.

She is just asking me about the follow up copy with ACP DCP and other authorities.PP public prosecutors not supporting us to ask the question. 

Judge did not record my statement and i was sent back . 

 I have few questions 
1. can we file case directly in HC..
2. can I give my statement in writing 
3. can I get the copy of the case papers at this stage as the court clear said I can get it only after my statement is recorded.

 



Learning

 4 Replies

Siddharth Srivastava (Advocate)     28 September 2017

Procedurally police does not provide case papers till the challan is being filed in court and only on filing of challan  you can obtain the certified copy of challan from court. In reply to your other query following are the answeres:-

1. Yes. you can fil;e WRIT petition in high court and can also complaint u/s.156 (3) Cr. P.C. in concern magistrate court.

2. Yes. but when the case in under investigation then police shall record the statemenmt u/s. 162 Cr.P.C.

3. same answer as of item-3.

Consult a lawyer with details.

2 Like

SHREY DAMBHARE   28 September 2017

First Ms. Sapna, I feel very sorry for your loss. I can see your grivenace. Yes you can file Writ Petition for directing to file F.I.R. and take cognizance into matter. You can also pray for fast track the matter and get fresh investigation done. I can say if you feel that Magistrate is not giving weightage to your case you should and you must approch High Court under Writ Jurisdiction under Art. 226. You can even ask for transfer of matter to any other Court by making an application under Section 408 of Cr. P.C. or may move under Sec 482 for Cr.P.C. before High Court. Get good practicing lawyer of High Court. 

1 Like

(Guest)

Sir , What IPC on police to destroy my evidence ? Videos and photos? which could have proven the rest 4 crime 


(Guest)

Thank you sir. I am looking for best lawyer . plz suggest if any can fight for me

 

here is small article plz do read and help me

:- https://www.hindupost.in/news/mumbai-girl-alleges-harassment-revenge-exposing-corruption/


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register