498A/307/376/34 Indian Penal Code. Asking for CBI enquiry in place of

Question

498A/307/376/34 Indian Penal Code. Asking for CBI enquiry in place of

21-Dec-2023 (In Criminal Law)

I am a primary school teacher under government of West Bengal. I have asked for divorce and my wife wrongfully filed a case against me and my family. nThe cases are under 498A/307/376/34 IPC. The rape case is against my father and attempt to murder is against all three of us. nnAs I am a teacher I am getting threats that I will be suspended soon. My whole family would die without food and medicine if I am suspendedBut the most amazing thing is that local police is not doing any bit in helping us. They are getting moved by political parties and doing their utmost to put us in jailMy question is that can I ask for(and how) CBI enquiry in place of corrupt police officials?

Answers (4)

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Adv. Priyanka Singh Adv. Priyanka Singh

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Advocate Tanmoy Chattopadhyay LawRato · Accepted Answer · 2022-12-21T22:32:09+05:30

Answer #2

do not get befooled by living with such hope of having a CBI investigation in such cases which are rampant and is not meant for such specialized agency. but do not get disheartened there are ways to tackle such allegations. first meet some good criminal advocate from high court, calcutta. you might first need to get the complaint vetted by such advocate and you have to get the bail first then face the trial or go for quashing or pray for discharge as the case may be. in any event if you get arrested and remain in custody for more than 2 days you would be placed under deemed suspension. after getting bail you will be eligible to get your suspension revoked which again can be done from the high court if your school does not do it. your complete relief lies in taking necessary steps at high court. without wasting more time meet some good advocate and I'm sure you will find all your problems resolved as far as the FIR is concerned. regards, Tanmoy Chattopadhyay, M.Sc (Net), LL. B (Delhi), Advocate High Court, Calcutta

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Advocate Sudip Mukherjee LawRato · Accepted Answer · 2022-12-25T14:20:30+05:30

Answer #3

if the allegations are not proved in the trial, evidence, then you all will be acquitted and unless you are proved guilty, there is no question of suspension from the service. next regarding, partial investigation by the police, you may file writ before high court against police wrong investigation and change of officer. Even if, police file charge sheet against all of you in the same sections, then also no need to be worried as the onus lies upon them to prove the guilt. you will have ample chances to prove them wrong in trial

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Advocate Santanu Bose LawRato · Accepted Answer · 2023-01-09T12:53:29+05:30

Answer #4

you can bail application before district court of anticipatory bail of 438 of crpc then after bail you can surrender before cjm court , then you have not suspended of your service then supreme court many judgement told 498a is missuse by the woman

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Adv. Santanu Bose Adv. Santanu Bose

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