accused
indhra
(Querist) 12 November 2010
This query is : Resolved
sir i already filled a criminal complain through criminal court and the court refer the case to ps but nothing was done they file a case against me 138 n 357 pls tell me how to get rid of this
adv. rajeev ( rajoo )
(Expert) 12 November 2010
You will have to wait for the report of the police. Police might be waiting for you. Unless you paid money to them no investigation report will be filed, even it is not sure after paying the money police may file B report. So better to wait for the report after filing the report if police filed B report then lead your evidence.
Advocate. Arunagiri
(Expert) 12 November 2010
It is the duty of the PS to register the case. Once the magistrate forwards ur complaint to the PS, your complaint itself will be treated as FIR, the only duty of the PS is to assign a official number to it.
Demand the police to give the FIR copy or file a memo before the Magistrate for non compliance of the order by the PS. It is a contempt of court.
ashish lal
(Expert) 12 November 2010
Mr. Arunagiri is right.
Mr. Rajeev could a lawyer give such an advice on public platform as you have given?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 November 2010
No rajeev has just passion to dish out advice relevant or not.
More ever you have to maintain decorum at a public platform.
And without evidence even truth is actionable criminal offense.
Anna Hazare the famous public figure PADMA VIBHUSHAN author of RTI act was sent to jail for making statement of corruption which were true but could not be proved in court.
Sri Vijayan.A
(Expert) 13 November 2010
I agree with Mr.Arunagiri
Arun Kumar Bhagat
(Expert) 14 November 2010
I agree with Shashikumar's observation.The querist is advised to take up the matter with Supdt.of Police or to file a writ for police inaction.
Debasish Hota
(Expert) 19 November 2010
The police is bound to investigate the matter after treating the compaint petition as FIR. The police is also bound to submit the investigation report within the time mentioned under the Cr.P.C. If, they failed to do so, file petition on the same court to proceed against the police U/S 29 OF the police Act, other penal provision of IPC. The court may also proceed against the erring police personnel under the contempt of court act in the HIgh Court of your state, if you will be able to plead properly in the court.
