Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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aatma   08 January 2009

Police Report to Magistrate

In a 498a, DP case A1 is living out of country, but other persons listed in the FIR are got bail and available for investigation. 

What should police to do on this case?

1. Police say that Magistrate will not accept the police report without A1.  Is it true? Police can't say in the court that A1 is not available and start trial for other available members?

2. Police threaten that they will cancell the bail orders of others becasue A1 is not available. Is it legal?

3. All the details  about the A1 (address, phone) are available in the complaint/FIR. Even family members provided those cotanct details of  A1. But police refuse to contact the A1, but keep threatening the other family members. What is the remady for other members from the police harassment?



Learning

 8 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     08 January 2009

DEAR AATMA,


Police Persons are mis-guiding you people, by threatening as stated by you.


1) It is totally incorrect to say that, Magistrate shall not accept the Report without A-1;


2) It is also incorrect to say that, Police can't say, A-1 is Un-available and as such can't proceed with the trial for remaining Accused;


3) Police can't proceed for " Cancellation of Bail of the Other Accused " only on the ground of on unavailability oh A-1.


On behalf you people if there is a Lawyer, either who took bail for you Or anybody else can move a petiton for " SPLIT UP OF TRIAL " and seek permission of the court.


OR;


The I.O./APP should get the case split up against the absconding accused, who are not likely to be arrested in near future, as provided u/s 317(2) Cr.PC.

  


 


RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 January 2009

Md. Ahmed is absolutely right.  I do agree with him.

K.C.Suresh (Advocate)     09 January 2009

Police cannot do any thing. Approach the Court if the police continue the thret. It is a pressure tactics. Police can file final report u/s 173 Cr.P.C even without any accused either on bail or absconding.


Final remedy for threat is the lagal threat in defence thorugh HC

aatma   09 January 2009

Thank you Sirs for your valuable suggestions.


Usually the woman SI calling in the nights around 9 pm to the aged mother. This legal terrorism happening in Tamilnadu. Recently  the HC issued statewide instruction to all police stations and magistrates about the 498a case. Some points:


iii) Arrest in matrimonial disputes, in particular arrest of aged, infirm, sick persons and minors, shall not be made by the Station House Officers of the All Women Police Stations.


 vi) Charge sheet must be filed within a period of 30 days from the date of registration of the F.I.R. and in case of failure, extension of time shall be sought for from the jurisdiction Magistrate indicating the reasons for the failure.


In this case FIR was filed on April, 2008. So far police did not file report. Can they say that  the delay in filing report is because of A1 is not available?


How to approach the  HC about the police threat.  How to collect the evidence for the police threat?


If even police does not follow the HC order, then who will obey the law? 


Thanks.

AEJAZ AHMED (Legal Consultant/Lawyer)     09 January 2009

 


 


DEAR AATMA,


On behalf of the All the Accused except A-1,  


( i )  File a  WRIT in your State High Court, with regard to the " HARSSMENT, THREATENING AND CALLING POLICE STATION BY POLICE PERSONS ON ODD TIMINGS & THEREBY CAUSING TO SIT IN STATION FOR SEVERAL HOURS ";  


(ii) Ask your Lawyer to mention all about the CIMINAL CASE, release of Accused except A1 on bail, staying of A-1  at abroad;    


(iii) Then you can get favourable Order from HC, with the directions, to not " Call either Accused to P.S, & Harass, threaten to them " .


So consult with your Lawyer immediately and discuss with him as above.

VENU GOPALA RAO (TEACHER)     12 January 2009

Sirs,

The Police are are misleading the Court by showing A-1 absconding in a case and got non-bailable warrant. At the time of the said absconding period A-1 has filed some other cases in the same Police Station and get the receipt of those petitions.
What should the A-1 do. Whom should he approach?

AEJAZ AHMED (Legal Consultant/Lawyer)     12 January 2009

MR. VENU,


You could have submit your Querry as a New Topic, why you are seeking answer from the thread of other's one.


Your facts of the case is different one with the person who posted this thread.


By posting your Question here, you are causing confusion to the Person whose thread is this, as well to the Hon'ble Members.


So, post your question as a New Topic.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     07 December 2009

Aejaz Ahmed is right and I agree with it,  With the prayer for " SPLIT UP OF TRIAL "The entire problem could be solved.


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