mechrp (Nil) 31 July 2013

Suggestion to seek justice in an assault case

I was assaulted by a person on Dec.8th,2012 for requesting him to remove his vehicle which he had parked infront of my house gate due to which i was not able to take my vehicle out. This was an unprovoked assault done by the person to show off his body to a beautiful lady who was with him. This person was a visitor to the apartment infront of my home and 3 people in that apartment supported the assault and threatened me.

After the assault I went to the Police Station to lodge an FIR but, the Inspector asked me to get the MLC done first and come the next day with a typed content. Only on putting pressure, the police filed the FIR after 4 days. Again on putting pressure, a constable was sent on my bike to do the Spot check. Once again on putting pressure they sent the constable to serve notices to the 3 people but, i have not seen him serve it. This process took about a month.I have helped the Police by providing names and addresses of the 3 culprits and also to whose home the culprit who assaulted had been to.

Upon 22 visits to the Police station, requesting the Inspector to take action and also 3 visits to the DCP's office wherein the DCP told the Inspector to take action, no action has been taken till mid-Feb.2013, despite informing the Inspector and the DCP by registered post that i would take legal aid.

Hence, i approached the High Court to file a Writ Petition via a lawyer. I paid Rs.10000=00 to the lawyer and he filed the Writ Petition on Feb.26th 2013. I found that he coluded with the culrpits as even after >3months he was not able to present the case as he was deliberately making mistakes in my file and blaming the High Court for the delay.

So, on July 1st,2013 i changed the lawyer who corrected all the filing objections but i am now finding that during the first presentation the Govt. Lawyer said that he has not been given a copy of the case and the judge told my new lawyer to provide 2 copies to him. Question1: Is this correct ? Why is the Govt. lawyer asking for this now ?

The case was postponed by a week and today my lawyer informed me that the Govt Lawyer had put leave and put a note that CASE NOT TO BE POSTED so, it will be taken up in the next week. Question2: Is this True ? Is there only one Govt. Lawyer ?

Also today i got a call from the hospital where i got the MLC done on the day of the assault wherein they are asking me to pay Rs.1000=00 as the Police is asking for a Wound Certificate.

I kindly request your help and guidance in seeking justice. Thanks.

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3 Replies

adv.raghavan (Advocate,9444674980) 31 July 2013

u have initiated the process and wait for the result, and kindly go by your advocate advice, because getting high court direction is a difficult and it has to be done with utmost caution. pls hold ur breath for the time being.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 31 July 2013

Since prosecutors are backed by the power of the state, they are usually subject to special professional responsibility rules in addition to those binding all lawyers.He must be given copies of the case, so that they prepare for their response from state side.

mechrp (Nil) 01 August 2013

The inspector has acted yesterday(after 8 months) and has sent me a letter stating the culprits were called to the Police station on 8th Jan.2013 and were warned & now the chargesheets will be filed. The fishy part of his letter is that the main culprit's name is missing. What do you say ?

My questions:

1. Does a common man need to wait for 8 months and seek High Court's help for the Police Inspector to act ?

2. What happens of the Writ Petition now ? Can i ask my lawyer to question the Police Inspector as to why it has taken him 8 months to just give a warning and what is the action he has taken in 8 months? Why has the main culprit who assaulted me being named in his letter to me ?

Could you/anybody please guide as to how to proceed further........and what are the necessary steps to be taken by the victim to ensure he receives justice.