498a, 302 & 34
2 years ago
I got married in 2011 and my wife expired in 2020 by falling head injury. My inlaws filed a case U/S 498A, 302 and 34 of IPC. My parents were given FRT by the police but my inlaws again filed a complaint case against my parents. All my three children are with me. My youngest daughter was 5 months old when my wife passed away. My eldest daughter is 9 now and she has given a statement infront of the police that my father and grandparents haven't done any wrong to my mother. This statement is recorded in the submitted charge sheet. My questions are:
1. What is the chance that the court will take cognizance against this complaint case? What precautionary measures should be taken?
2. Should I apply for anticipatory bail for my parents?
3. The PM report clearly states that " Death due to injury at the back of head by a hard and blunt object. There is no visible injury marks in any part of body." Is this section (302) correct as per the PM report?
4. Can I file a defamation case against my in-laws?
Kindly advise.
A.Dear client,
1. What is the chance that the court will take cognizance against this complaint case? What precautionary measures should be taken?
And - Court gives cognizance only there is reasonable doubt on the suspect. if there is enough evidence to convince the judge then cognizance is granted.
2. Should I apply for anticipatory bail for my parents?
And - Yes
3. The PM report clearly states that " Death due to injury at the back of head by a hard and blunt object. There is no visible injury marks in any part of body." Is this section (302) correct as per the PM report?
Ans - Section 302 speaks about the murder, the elements of murder is absent.
4. Can I file a defamation case against my in-laws?
And- Yes, you can file a defamation lawsuit.
Thank you.
My answers are as follows:
1. What is the chance that the court will take cognizance against this complaint case? What precautionary measures should be taken?
Ans: You should apply and get anticipatory bail, if not taken
2. Should I apply for anticipatory bail for my parents?
Ans: Yes. Your parents may appraoch the High Court for deleting their names.
3. The PM report clearly states that " Death due to injury at the back of head by a hard and blunt object. There is no visible injury marks in any part of body." Is this section (302) correct as per the PM report?
Ans: It depends upon several factors
4. Can I file a defamation case against my in-laws?
ans: Not now. It is pre mature. First come out of this pending criminal case.
Here are your answers
1. Since the FRT has been challenged so court is bound to look into the case before losing it. If your parents haven't done anything then there is no need for any precautionary measure except the Anticipatory bail
2. Yes that will be better.
3. See they would have put Section 302 to include the probability of murder which if not proved then its ok.
4. Depends on the kind of defamation that has happened and only after the case is closed.
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