Action against police complaint
RAJESH CHOPRA
(Querist) 25 May 2014
This query is : Resolved
Dear Sir,
I was cheated by a fraudster in June 2012 for few lakhs in admission for my child in a professional course. I filed a police complaint and inspite of my followup no action was taken by them as I didn't have any documentary evidence though I had recorded conversation and a video evidencing giving him money for the purpose.
There is another complaint against the same person and in the same police station which is backed by documentary evidence but police has also not taken any action yet saying that complainant has not approached them after complaint lodgement.
Is it possible in any legal manner to ask or force police to perform their duty in arresting fraudster and file FIR on basis of my complaint or the other complaint even if the complainant has not pursued the compalint.
Isn't it the responsibility of police to catch such fraudsters when 2 complaints are with them.
Pls suggest
Thanks
Devajyoti Barman
(Expert) 25 May 2014
It is appears the Police is sitting idle on your complaint.
If that is so then it is fit case where Writ of Mandamus can be applied for in High Court against Police inaction.
Lawyer SALEEMA KABEER
(Expert) 26 May 2014
If the police has not discharged their duties as contemplated in Cr.P.C., you have to send complaint to the superior officer of police department through registered post with acknowledgement due.
Even after sending the complaint to the superior officer of police is not fruitful, you can file a petition before the magistrate court under section 156 Cr.P.C. to direct the police to register the FIR.
On direction of the Court under section 156 Cr.P.C., the police has no other option except to proceed with the matter and file report before the court within the stipulated or subsequently extended time.
If the police report is not satisfied, you can ask the court to take the matter as private complaint under section 200 Cr.P.C and to proceed further.
Sankaranarayanan
(Expert) 26 May 2014
I do agree with experts if not then by court it can be
Rajendra K Goyal
(Expert) 26 May 2014
If police does not take any action, avenue to court is left, agree with the expert Devajyoti Barman ji.
malipeddi jaggarao
(Expert) 26 May 2014
You can follow the advice of Mr.Barman or Saleema Kabeer.
Thyagarajan
(Expert) 26 May 2014
Make a RTI petition under RTI Act 2005 by fixing Rs 10 court fee stamp ,asking the concerned Public Information officer of the police station to advise you on action taken by him on your complaint. In a month you are supposed to get his reply. In case of no reply you can file a petition in consumer court for deficiency of service.
In many a cases of my friends they followed course I gave them and they were able to get things done.
Try ,it is a easy method.
T. Kalaiselvan, Advocate
(Expert) 29 May 2014
Waiting for the police to take action on the complaint fora very long time is nothing but a waste exercise because the police have got more cases of interest to be taken care of than yours. So it is better to proceed with the advises rendered by experts above without delaying the issue any more.
ajay sethi
(Expert) 29 May 2014
agree with Mr saleema kabeer
Thyagarajan
(Expert) 29 May 2014
Choices in route to be taken are there as suggested by experts. It is up to you take one before it is too late.
