Legal Question in Criminal Law in India

How to reopen a death case?

My aunt [paternal uncles wife] was married to my uncle in 1990. All of a sudden in 1995, her charred dead body was found in the home. [within 7 years of marriage] My uncle claimed that she committed suicide and they covered up everything. My uncle was not arrested even under suspicion basis. Iam not sure whether FIR was filed and whether postmortem was performed. Even the local magistrate didnt open a case because my grandfather was then a local MLA. Using political threats, they even shut my aunts father's mouth. He couldnt do anything. He was forced to maintain that his daughter committed suicide and he is still maintaining the same. Now its been 12 years and I need to probe how my aunty died and bring the perpetrators to justice.

Even if it had been a suicide, shouldnt my uncle been arrested for making my aunt commit suicide?

My aunt's father is refusing to file a case because my aunts small daughter is living with him and he is afraid that her life may be spoiled with cases.Can I file a case against my uncle demanding explanation on how my aunt died?

What is the proper channel to reopen the case and get perpetrators punished?

Can anyone file case to reinvestigate or only my aunts father can do it? Can I file case?


Asked on 6/14/07, 2:13 am

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

Re: How to reopen a death case?

In case of any unnatural death, post mortem is always performed. In cases of alleged suicides, an inquiry is also conducted.

As a general rule, anybody can set in motion criminal law, including yourself.

However, since the matter is quite old, it would be appropriate that you gather necessary information first before taking any further step in the matter.

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Answered on 6/14/07, 5:44 am
G. M. Gupta gmguptaandassociates

Re: How to reopen a death case?

first of all i would advice to think something else now.

as the matter is quite old and includes influential persons get ready to face real hardship like beating head on walls.

if ready then bring some glaring facts and move application to police and high court.

FOR FURTHER DETAILS AND DETAILED ADVICE CONTACT ME WITH DOCUMENTS. CONSULTATION CHARGES WILL APPLY.

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Answered on 6/14/07, 6:56 am
Vivek Mapara Mapara Law Firm

Re: How to reopen a death case?

The proper remedy is to writ petition or PIL in supreme court. Such of matters are strictly dealt with supreme court. And then only proper investigation and roots would be found.

Though filing of petition may only result in to some investigation and activate the machinery, but it is difficult to say if it would worth, cause after so many years chain and links are very difficult to obtain. Even the exact cause of death will also be difficult to ascertain.

But dont loose hope, and try your best.

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Answered on 6/14/07, 8:23 am
pgshyamsunder rao shyam­am

Re: How to reopen a death case?

The matter being very old it is notpossible to , foist a. case against your uncle .You are not aware if any FIR has been lodged or not.On account of inordinate delay no FIR can be lodged at this juncture.Investigation cannot be commenced at all

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Answered on 6/14/07, 11:57 am


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