Legal Question in Criminal Law in

Respected sir,

I am pursuing studies and living in Ahmedabad.My father is into building construction business. Four FIRs(with each FIR bearing the same offenses IPC 384,387,506/1,114 and money lending act 33,34) dated 21/07/09 have been lodged against my father and my uncle with two other persons on the same day at an interval of every one hour and in same police station all four FIRs by the same family members. Thereafter reconciliation was done with all the four complainants and affidavits were also submitted to the police station. Later on nearly after six months dated 05/02/10 from the date of 4 FIRs, police raided our home and arrested my dad. Family member and people around had no clue as to what happened as we were under the impression that police had filled up form 169 and the aforesaid 4 cases are close. So crowd (mostly ladies) went to the police station to know the reason for my dad's arrest. Instead of informing the reason for arrest, the police lath charged the ladies and sent them leg back home. Some ladies have even sustained fractures in the lathicharge which came in absence of ladies police official. Now on the next day when my dad was produced in the court, to our utter horror we came to know that police have not yet filed form 169 and the case was still pending. My dad was granted bail immediately. Now when my dad decided to lodge a complaint against such police officials for such heinous atrocity on women for lathicharge, he started receiving threats for detention under PASA (provisions for prevention of anti-social activities, Gujarat), we have sent fax to all the higher authorities regarding the threats we have received, But the authorities didn't took any action. Nevertheless unfettered by such threats he decided to file complaints against such police officials and seek justice for those lathicharged.Immediately after the complaint my dad and uncle were detained under PASA (provisions for prevention of anti-social activities, Gujarat) and sent to Bhavnagar district jail. Later on he was released in a month by PASA Advisory Board. My question is can my dad file a criminal suit against such police officials for abuse of power with respect to PASA act? And if yes what are the grounds on which we can file it? And if not then what are the action other than criminal suit to fight against such corrupt police official??

I have consulted few lawyers to file a criminal suit but they have mixed views. Some say one can file criminal suit and some say one cannot. I am still under dilemma weather to go ahead and file criminal suit. I hope you will guide me in the right direction to seek justice.

Thanking you


Asked on 7/19/10, 10:51 pm

1 Answer from Attorneys

Hi,

After reading the whole incidence, I am of the view that you can file Writ petition before the High Court seeking the directions to inquire about the whole incidence and enquiry on the behaviour of the police officials.

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Answered on 7/22/10, 2:13 am


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