Legal Question in Criminal Law in India

A and B eloped X and Y on the same day.A and X married with full family consent.There is disagreement between

parents of B and Y.Parents of Y lodges a case to the court and falsely implicated A as an associate in

'kidnapping'.The investigating officer of the case harasses the father of A .Now A's father died of heart attack.Can

criminal proceedings be initiated against the guilty Investigating Officer?

Asked on 7/06/13, 10:22 pm

1 Answer from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

A may take appropriate remedies available to him under the law. The facts given here are not adequate for appropriate legal opinion. You may better contact a local lawyer and show him the documents. Normally, if the investigation is honest, a case against IO may not be warranted. However, if you can establish that the IO had dishonest motives and had wrongly and falsely implicated A, certainly prosecution of the IO may be possible.

However, instead of initiating criminal proceedings, it may be appropriate to report the matter to higher authorities in police.

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Answered on 7/06/13, 10:37 pm


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