Police not cooperating, how to have the action via court ?

[Aastha Kaushik]

Sir earlier also I mentioned that I filed a case against husband and some family members. Section 377 was also in FIR.

I went to the government hospital but they denied doing my medical. They said, they need orders from either police or court to do my medical.

Sir, My husband and other members of his family are rich and i suspect that they may pay huge bribe to the hospital officials to give negative reports in the medical .

Due to certainty of a positive result in medical, Police is not supporting me and not giving orders to do medical and is hell bent upon removing Section 377 IPC from the chargesheet filed.

Sir, in the absence of police report, Please suggest how to ask court to order for getting my medical done ??

Chargesheet is not filed yet. Please help

[Dr. Ashok Dhamija]

Once a particular section of law is applied in the FIR, it would be the duty of police to get medical examination conducted, if it is necessary to get evidence to support that section. If needed, you can approach the senior officers of police. In case that also does not help, then you may have to approach the high court since the lower courts may not have the power to interfere in the investigation or to give directions to the investigating officer to conduct investigation in a particular manner. The high court can do so, in the interest of justice. So, move an application / petition under Section 482 of the Cr.P.C. and/or under Article 226 of the Constitution, if needed.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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