Please suggest on the below query Please suggest on the below query

3 weeks ago

We have filed DV case, FIR is filed on dowry, Money harassment and My husband, his parents are not responding to any notices we sent. Police calling to them but they are not coming and speaking. So, Can I send FIR copy to his office, so that atleast he will respond.? Is it okay to send FIR copy thru RPAD to office ? Please suggest

Anik

Responded 1 week ago

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A.Dear Client,

After lodging a complaint under Section 12 of the PWDV Act, 2005, and the subsequent registration of an FIR, the police will conduct an investigation and submit a charge sheet to the court. The complainant's role is mainly to assist the police in their investigation. If the police fail to take action, the complainant can approach the court directly, which can then direct the police to register an FIR and complete the investigation. Additionally, the complainant can report the matter to the National Women's Commission, State Women's Commission, or the National Human Rights Commission, who may take suo moto action upon receiving the complaint.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 weeks ago

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A.Dear Sir,
Yes, you can send FIR copy to his employer and also meet the employer and ask him to terminate the services of your husband as he is involved in criminal case.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
Once a complaint is lodged under Sec.12 of the PWDV Act, 2005, and an FIR is registered, the police will investigate the case and file a charge sheet at the jurisdictional court. The complainant need not do anything further, other than assist the police in the investigation. The law will take its own course. After registering the FIR, police will investigate the offense, summon the accused to the police station, register a charge sheet and produce the accused persons in Court, after trial court will convict them. On receipt of a complaint from the victim under the DV Act, the Police have to issue notice to the accused under section 41 A of CR PC to record their statements. If the police fail to take any steps, you can directly approach the court, a direction will be issued by the court to the police to register FIR and submit a final report of investigation to the Court within the prescribed time. Apart from this, you can bring the matter to the Chairperson, National Women Commission( Email::ncw[at]nic[dot]in, Complaint & Investigation Cell:: complaintcell-ncw[at]nic[dot]in or State Women Commission and Chairperson, National Human Rights Commission online at (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) who on receipt of complaint from a person in distress takes suo moto action in the matter.
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