Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: 304B - Chargesheet not filed even after 5 months. I am the accused.  (Read 2193 times)

0 Members and 1 Guest are viewing this topic.

Offline vas1084

  • Newlaw
  • *
  • Posts: 2
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Dear Experts,

My wife committed suicide (for reasons I do not know) while I was away at work. It was only 4 months after our wedding. We are the only two people who were staying together and there were no major problems / issues between us except minor friction.

My in-laws filed an FIR in August 2014 terming it as dowry death and gave all kinds of false stories. Initially I and my sister (who stays in another city and hardly spoke to wife in 4 months. She visited our house once for 2 days, 6 weeks before my wife's death) were the two accused people. I was in police custody right from that very night and 4 days later I was sent to judicial custody. I was in JC for 70 days. 20 days after I was sent to jail, my mother was also made a co-accused.

My lawyer told my family that in these types of cases, the court presumes that we are guilty and therefore it id extremely difficult to get bail (AB for my mother and sister). Till date, he has made us spend 12 lakhs + just to get bail and that too after 100 days for my mother and sister.

The chargesheet is not yet filed. Apparently, the police wants some more bribe and I am in no position to pay anything more. I am in a lot of debt and arranging money is difficult.
My lawyer says that delay is better for me because gradually the evidence will get weakened. My point is that everything in that complaint and FIR and Case diary is false (not 1% truth). So what evidence are we talking of. All the witnesses who are there are my wife's relatives and friends and all are claiming the same fabricated story (that wife would cry on phone everyday that me and my family were harassing her). My wife would email her friends and chat with them but they did not produce any emails, phone sms, Google or FB or whatsapp chats (because they have none). I have read somewhere that the meaning of 'presumed' in 304B is that the court presumes that whoever is in a position to show evidence but are not showing it, that party is trying to hide something. In my case, my in-laws have the phone, they have access to her gmail/FB but are not producing anything. My lawyer says that the in 304B, the court presumes that I am guilty.

My question is should I push for the chargesheet to be filed or not? This case is a big mental, social and financial harassment and difficulties to me and my family and it is keeping on dragging. Is it worth it to push for chargesheet (if yes, how) or do I simply bide my time and wait for the police to take their time. It is already over 150 days. Please advise.

Offline advRanjithRajagopal

  • Professional legal Expert
  • ***
  • Posts: 98
  • Karma: +2/-0
  • adv.Ranjith Rajagopal
    • View Profile
Re: 304B - Chargesheet not filed even after 5 months. I am the accused.
« Reply #1 on: February 07, 2015, 10:14:59 PM »
there is nothing for you to do here let the police investigate the matter, it is a state responsibility.
once charge sheet is framed you job begins from than only how to defend yourself till than wait
adv.Ranjith Rajagopal

Offline vas1084

  • Newlaw
  • *
  • Posts: 2
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: 304B - Chargesheet not filed even after 5 months. I am the accused.
« Reply #2 on: February 09, 2015, 02:53:54 AM »
Is there no time line by when Police should file something in court? In another 15 days, it will be 6 months. Can the police keep dragging their feet? Will the delay work in the accused's favour if they find nothing more than what has already been provided during my remand?

Thanks for your advise.

Offline saravanan.s

  • Veteran at Law
  • *****
  • Posts: 311
  • Karma: +23/-1
  • legal advisor
    • View Profile
Re: 304B - Chargesheet not filed even after 5 months. I am the accused.
« Reply #3 on: March 17, 2015, 10:57:31 AM »
file an application in high court directing the police to speed up the process

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India