Fayaz (Student) 14 July 2014

What if police doesn't respond properly

Hi ,

I lost my belongings in a Paying guest (P.G) even after I locked my almara with lock and so then, I went to police station to complaint against PG management, then police refuse to file complaint, then I went to commissioner office and told that, polices are refusing to take complaint, then commissioner ordered them to file FIR. Then, my area police called and asked me to write the complaint letter, but, it should be what they(police) what it to be, not what I want to write, because they managed me by saying, according to some sections, the case may not take up if you write whatever you want, so I wrote the same.

Later, I came to know that, complaint letter can be anything what we(victim) want to write, then I met with deputy commissioner of police and explained, then DCP asked me to re-write the complaint letter and asked me to submit it at that police station, then I did the same. Finally, after 6 or 7 months the case got closed and I applied an application under right to information (RTI) for seeking what are all the documents has been submitted to court, they didnt replied, upon submitting first athellate and then police sent a copy of documents but, those documents, didn't contain the complaint letter, which I wrote at DCP office.

Now, How shall I proceed on this..?? What are all the right I have..?? And Where it leads me..??

Please your answer helps me alot.. Thanking you in advance

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2 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 14 July 2014

If FIR is closed by the police, they have to send a report to the concerned magistrate court under intimation to the defacto complainant. On receipt of the said police report, it is the duty of the Court to issue notice to the aggrieved party to hear them before recording the said closure.

Therefore, you can file protest petition and ask the Court to proceed further on your complaint.

If the Court failed to issue the said mandatory notice, you can approach the High Court for your remedy.

Fayaz (Student) 14 July 2014

First of all thank you very much for your reply sir, In my case, I lost my belongings in a paying guest and I put case against management, so I vacated that place. So, if court issued any notice to that address then I may not know sir. But, When the case got closed, police called me and gave me a document called c-report. That, c-report contains no information like what are all the things I lost and their worth.

Sir, Shall I independently (with out help of advocate) file a petition in court ..?? In other words, if I take the help of an advocate, how much I have to pay approx. Please tell me round figure amount with your experience. Also, how long it will take time duration.? I mean, do I need to appear to court very often..?

I have already lost belongings of worth Rs. 80,000/-, Sir. So, will I get charge to pay to advocate based on my lost worth..??

I am very much happy to hear you sir. Really, thank you for your time