yogesh (will tell you later) 15 September 2011

Whether i should file the criminal complant before m.m?

I lived in south Delhi area and on 05/09/2011 some burgulars invade in premises of first floor which is not in our possession and ransacked the home but couldnot find any valuable items and I informed the possession who relates to be my cousin and drafted the complaint letter to the SHO about the incident

Today morning at around 2: 00A.M the robbers/Burgulars tried to invade in my premises at G.F and broke open the latched Locked and entered into veramdah but we woke up and robbers fled away and I call the 100 number Police control room which forwarded my message to the SHO area and PCR van arrived to the premises but could not traced the burgulars and advised us to be vigil

Since these incidents have been hapeening in the locality and is not in the police records because of the absence of FIR etc Whether I should filed the Complaint before Magistrate as the offence under IPC has been made due to " House tress pass at Night" Please do advise me at ealiest

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5 Replies

Gagan Gupta (Advocate) 15 September 2011

Offence of house tresspassing at nigt is commited.

yogesh (will tell you later) 15 September 2011

So I should filed a complaint before M.M as police is alwys be reluctant to file FIR

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 16 September 2011

DEAR YOGESH,

ARE YOU WITNESS TO EACH AND EVERY INCIDENT, DON'T BE PANIC. PLEASE GET CCTV CAMERAS INSTALLED AT YOUR PREMISES. MOREOVER FILE WRITTEN COMPLAINT BEFORE THE MAGISTRATE OF THE CONCERNED AREA.

REGARDS

RAJIV BHASIN

ADVOCATE

BHASIN & ASSOCIATES

9811210505, 9868635640

prashant pundhir (Criminal Lawyer) 19 September 2011

Dear friend , First you and other member of that locality meet with the S.S.P. with written application of the incident and also that "thana" is not filing the F.I.R.also send a registered copy of the same to s.s.p. Even then if the police does not take any cognizance,you can file complaint u/s 156(3)cr.p.c. to the magistrate concern .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 September 2011

Do these things:

1. Pull up the chowkidar of your area by organizing a meeting of RWA. How can these incidents occur so frequently without someone's involvement.

2. Petition DCP of the area to increase vigil in your locality.

3. Give written complaint and follow up with RTI about registration of FIR

4. Move MM Court for registration of FIR (Police avoid registration of FIR as this would remain unsolved crime and hence would spoil their record. Hence it is a must that police be forced to register FIR even under 156(3) for better vigil and should work hard to apprehend this gang)

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com