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tqshk   05 August 2016

Police asking for bribe after ab in 498 case.

Hello Everyone,

My wife has logged 498 case against me and my parents.
i have got anticipatory bail from session court.

Court order says that 
1. All applicant are hereby released on AB on furnishing the securities of rs 15K (each) with one or two sureties.
2. They are directed to remain present in police stn on every tuesd from 11:00 AM to 1:00 PM till filing of charge-sheet.
3. Applicant shall not tamper with the prosecution witnesses in any manner whatsoever.

As per the court order, all three of us are visiting police stn every tuesday and remain there for 3 hours.

Its almost 2 months now since 1st visit. IO is assistant police inspector (3 star). 

In last two month he has hardly asked 2 - 3 question to me (that too only in 2nd visit) as part of investigation.

In one of my last visit, his sub-inspector (after speaking with Assit PI on phone) directly asked me to co-operate with them by giving him some bribe. he didnot mention any amount. he was saying that they (means police) were co-operating with us and therefore we also had to take care about  them. 

I dont know how much money he wants. he knows that i am an IT engineer and knows my package. I guess that information must have been provided by my wife's father who is retired PSI (sub inspec) from another city.

I am bit scared, don't know how much he wants, i am wondering what will happen if i refuse to give them any bribe.

I have already made it very clear that all alegations are false and will definately prove that in court.

I wanted to know what harm they can do if i didn't pay them up. 

Will complaining against the IO to higher authorities ( Sr. PI, ACP, DCP) will help me in any case.
If i have to, any idea how much usually people facing with 498 complaint have have to pay. 

I had alrady sent written complaint earlier to Joint Commisioner of police for not providing me copy of notice and directly threatning me for arrest without any investigation. Actually IO along with two police constables had came to my house initialy asking me to come over to police station for investigation or face direct arrest, when the complaint was first logged.  I had to go underground for almost two weeks while my application for AB was being heard in court. 

But that complaint has gone waste, as the letter which i had written was finally forwarded to same IO who was laughing at me on very 1st visit after AB and was telling me that he made a mistake by not arresting me & family directly on that day instead of asking me to come to police stn.
According to him, it was his co-operation that he had to come to my house personnaly and inform me about the complaint.
 
He has not provided me the copy of FIR till now.

Therefore i was thinking  that its better to pay him some bribe rather than escalating the matter.
Please suggest.



 12 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     05 August 2016

Sir,

 

If you are an IT Engineer, better record their voice and take better care of them, they are rascals.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     05 August 2016

Sinxe you have already managed to avail anticipatory bail, it is best if you do not worry. The IO cannot do anything to you direcvtly and is probably just trying to explout the fact that you are educated and well off. Do not pay him a single thing. Apart from being morally wrong to encourage corruption, it wont help you either. The IO shall not be able to do anything about your case. He may assure yopu that he shall file a weak chargesjeet before the court. But one look by the prosecutor shall reveal loopholes in the same and the IO shall be directed to correct the. It is therefore incidental that you stray strong and not budge from your stand of not paying him. Complaining to higher officials shall not help either as all such complaints are usually dealt with , with a pinch of salt.

 

Copy of FIR , is as it is not legally suppsoed to be provided to the accused before the chargesheet is filed. But then you can collecvt the same from the internet or through the concerned magistrate. Just stay strong

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


(Guest)
Record on mobile and give complain in human right commission.better to gather all information against police and opposite party and be silent upto chargesheet filling in court then u start filling case under various section

Vibha   05 August 2016

  1. If you give any bribe he will simply ask for more next time. It's a slippery slope which won't help you in any way. 
  2. I agree with Adv. Augustine 100%. There is nothing that IO can do to help or harm you at this stage.
  3. In 498a cases police investigation has minimal role, it simply involves getting documents from complainant and recording of statements. Everything else is in hands of court where your lawyer will assist you to get due process.
  4. Complaints against police asking for bribe are a waste of energy. Such complaints are filed by the hundreds every week and nobody even looks at them.

srk (Service)     05 August 2016

Even if you bribe them there is no guarantee that they will favor you.

Police are masters in asking and taking bribes, they would have already received bribe from the opposition, even though you pay more then the other party they still submit the charge sheet in a way that police will not land in trouble and if you ask them why they did not favor you, they will come up with a good story that their superiors were invloved or political pressure, they will try to scare you to extract money but be bold and say no. I dealth with them on similar case for more than 5 years. try to collect evidence against police them if possible. 

The worst period for you in the first few months when you are dealing with Police, Media and society. after that no one cares, everything will be routine.

All the best 

tqshk   07 August 2016

Thanks everyone for your valuable reply.

I am afraid that they will try to delay the chargesheet as much as possible if i dont pay them anything. 

In that case how much they can delay it maximum, i am aware that they have to file chargesheet nomally in 90days, but there is no hard and fast rule as such.

i read somewhere on the internet that after 90days if chargesheet is not filed, then i can either write to SP/DCP (which i dont think will be fruitfull) or request court to ask for daily update on investigation.

Can someone please provide their suggestion on how to approach the court for speeding up the procedure for chargesheet.

Since two months has already been crossed, there is only 4 weeks left for us to attend police station as per ordered in AB.

It is becoming difficult for me to continue visiting police station every week as my job is getting effected. 

Furthermore, my mom and dad are also tired visiting police station.

Last time, all of us were made to sit outside police station for 3 hour when it was raining. i think it was done purposefully to bend/harrass us. although there were chairs available but it was not possible to avoid rain. luckly i had parked my car near ps. so i rushed my mom and dad to sit inside my car, while i spent three hours outside PS.

IO is already aware of my parents old age and health complications. 

my dad two year back has gone through bypass surgery and 66yr old while my mom has been cancer patient and gone through cancer surgery twice.

Beside knowing all this, there is no leinency in there behaviour towards us.

Therefore i was thinking to approach court to speedup the investigation and get the chargesheet filed as soon as possible.

Please suggest.

 

 

 

 

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     10 August 2016

Regarding bribe matter secretly meet state vigilance bureau. If it is ut police the you can meet cbi

Vibha   11 August 2016

  1. So you only need to go to PS 3-4 more times. I understand that this is not fun, but most of the harassment seems to be over at this point. Police cannot keep asking you to be present after period listed in bail order. It is their job now to make their report.
  2. Why do you want a fast report? Once it is filed, you will have to attend dates in court. 
  3. The more time that passes the better. Your wife will get frustrated of waiting and will become more amenable to compromise. Witnesses will forget details. Police will lose interest in your case once they learn that no bribe is coming from you, they will focus only on getting more bribes from your wife.
  4. Let the police do their job. As accused you can sit back and move on with your life till charegesheet is filed. Plan next steps after that.

tqshk   30 August 2016

Thanks everyone for your valuable reply.

I have not yet given single penny to police station.

Now IO has asked to bring two persons along with there salary slip, photo id, and address proof for surieties, he said that he will attach their documents to give jamine.  I don't know what exactly he means but as far as i understood, it was required to convert the AB to normal bail.

Twice we had gone to police station along with my relative and friend with there documents for submitting surieties, but both the time IO was unavailable.

On first visit, he said he was busy in some other investigation and 2nd time he said he was sick and therefore on leave. Therefore he kept on asking me to bring my relative next week.

My uncle spoke to him on phone and requested him to ask his subordinate to atleast collect all the documents from my relative and freind so that they don't have to come again for third time.

But he refused and gave some excuse that there are some documents on which there signatures are required and for that they will have to remain present at that time.

i am really getting frustrated.i think he is purposely harrassing me as i have not given him (money) anything yet.

Can someone suggest me what can we do in such case.

I heard from someone that actually i have to get jamine from court therefore we actually have to submit the documents of two person in court directly and not to police station.

am i getting misguided by police. or do we have to submit documents at both the place (police stn as well as court).

IO is currently Assit police inspector, Can i not approach his superior (Police Inspector) and request him to accept the documents on his behalf.

Please suggest.

 

MY Anticipatory bail orders mentions below lines.

-----------------------------------------------

1. The applicant is allowed

2. Applicant are hereby released on Anticipatory bail on furnishing the securities of 15,000/- (each) with one or two sureties.

3. They are directed to remain present in .... police station on every tuesday from 11:00 am to 1:00 am till filing of charge sheet.

4. Applicant shall not tamper with the prosecution witness in any manner whatsoever

------------------------------

 

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     02 September 2016

contrary to views expressed by others, I believe that court has given him powers to harass you as a condition of bail.

 

one bribe issue you  have already been advised.

Sudhir Kumar, Advocate (Advocate)     02 September 2016

The reasons for asking you to come again as stated by you are justified and no action can be taken on this issue for the same.

 

if you reaaly want respite from bribe demand then you have been told how to get him arrested.

Siddharth Dev (Advocate)     15 September 2016

nothing to add


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