Legal Question in Criminal Law in India

304B - unfair investigation by police

One of my relative's daughter was killed by her husband & in-laws. My relative was present in his daughter's in-laws house the night when the quarrell was happening. He left the house as his daughter denied to come along with him from her matrimonial house. She denied to leave her in-laws house even though she was suffering there. The next day morning he came to know that she was killed. A case of under sections 498A & 304B was booked but not on all the people involved were included in the FIR. Couple of relatives from the husband side have colluded with the police and the Thasildar. They are highly influential people. The Thasildar instead of sending the dead body to Govt. hospital for post mortem. he sent to a corporate hospital where these people have control. The doctors in that corporate hospital gave a false post mortem report saying that she died out of stomach pain. FIR didn't included these 2 people. The incident occured in June 2007. Now, how to book these 2 people, the thasildhar and the doctors in the corporate hospital? Can my relative file a private complaint against them? Is there any procedure to follow to take action against the thasildhar. Please help.


Asked on 6/12/09, 5:10 am

5 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: 304B - unfair investigation by police

You can approach court by filing a private complaint.

For details like who are accused, nature of evidence available with you, against whom you should proceed and for which offences, effect of incorrect police case etc. consult your lawyer.

Read more
Answered on 6/12/09, 6:38 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 304B - unfair investigation by police

file a complaint with the court

Read more
Answered on 6/12/09, 9:51 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 304B - unfair investigation by police

A private complaint may be filed or a direction may be sought for prooper or re-investigation of the case.

The court may also add these persons as accused during examination of witnesses if some material is available on record.

You may bring relevant material on record by filing appropriate applications in the court.

Read more
Answered on 6/13/09, 3:35 am
Pranav Desai PD Legal & Associates

Re: 304B - unfair investigation by police

File a private complaint based on the documents/evidences you have.

Read more
Answered on 6/13/09, 6:09 am
KAMAL GROVER

Re: 304B - unfair investigation by police

you have to file application before the court where case is pending by taking various views. Thasildhar and doctor both will be arrested and inculded and other relatives whose name is not included will also be involved. but you have to hire a good lawyer for that. plz specify your place, if we will have our associte in your district then you will be confermed.

Regards

[email protected]

Advocate, Punjab and Haryana High Court, Chandigarh

M: 09814110005

For detailed query feel Free to Contact us

We have a team of Advocates, having office in almost every High Courts of India

Our team consists retired judges and Senior Advocates also.

We are able to guide and solve the cases efficiently.

We also have channel partners in various other countries also.

We strive for your rights.

Good Luck.

Read more
Answered on 6/12/09, 5:25 am


Related Questions & Answers

More Criminal Law questions and answers in India