Legal Question in Criminal Law in India
Respected sir/madam,
I am Amita sanjay Patel from Gujrat,Baroda.
sir before 6months 16th of July my one and only 20 years child killed by some one..who we don't know sir. Ruler Police and crime branch didn't catched any person still. Last call person and two more other person is in suspect...but sir that person take advice from them lawyer and said toolice that they are not ready for SDS test...sir now what can we do in this matter please advice me. ..This is our first hard time we don't know too much about police and court related matter.
Thanks,
Yours Faithfully Amita s. Patel.
917779011619.
1 Answer from Attorneys
Dear Ms. Amita
Is it possible for you to provide me with the Copy of your FIR. Also could you please brief me about the investigation stage.
As per the Supreme Court Judgment in Smt. Selvi, the Accused cannot be forced for Polygraph or any other test. Accused consent is mandatory.
However, if the police is not investigating it properly or want this investigation to be transferred to higher authorities, or CID Crimes, then that can be done. Also, directions can be given to Investigation Authorities by the Court for carrying out specific investigation.
You can file Special Criminal Application before the High Court, for transfer of investigation to high rank officer or CID Crimes.
Should you need any assistance, then feel free to contact me. I am from Ahmedabad, and practice in Gujarat High Court.
Regards
Vivek N Mapara
www.vnmlaws.com
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