Complaint filed under sec. 200 CrPC and 156(3)
Rishi Ahuja
(Querist) 05 September 2009
This query is : Resolved
Respected sir,
I filed an application for request to register the FIR in PS Lajpat Nagar on 24-09-2009. The copy of the same was submitted to the Hon'ble Commissioner of Police,Delhi, DCP South-East as well as to the Secretary, Min. of Home Affairs. As no action has been taken by the SHO Lajpat Nagar. Then after a week , I filed a complaint u/s 200 and 156(3) of Crpc in the Hon'ble court of Delhi on 01/10/2008 and The Hob'ble court was pleased to pass the direction to the concerned SHO to file the ATR on the same day(01/10/2009)and asked to submit the report on 21/10/2008.
On 21/10/2008, I.O did not submitted the report and asked for another ten day to submit the report and Next date of hearing of fixed on 31/10/2008. On that day I.o. submitted the report though it was incomplete, but the Hon'ble court accepted and and kept for consideration on 10-11-2008. On 10/11/2008, Hob' P.O. was on leave and next date of hearing was fixed obn 19/12/2008 for the argruments.ON this day, during arguments Hon'ble court asked for the copies of the judgement mentioned in the complaint and ask to submit the same on 27/1/2009.
On this day, we submitted the copies of the order/judgements and also arguments were heard and next day of hearing was fixed for the order on 10/2/2009, but the order could not be prounsed. and on 24/2/2009 hon'ble court told that he has gone through the file and found that status report was incomplete.Hoble court pleased to pas the direction to concern I.O. to submit the status report in person on 6-4-2009, but the I.o. didnot submitted the same , even after 4-5 summoned were also issued to ensure his presence. Lastly today 5-9-2009, I.O came
and submitted not only the false and fabricated ATR but allegation made by him are totally false which hurt me a lot. When I prayed the hon'ble court to permit me to protest the ATR submitted by I.O. As the arguments were also going on , I hope that he has not listen to my words and gave the next date of hearing for order.
Now tell me , how can i submit the written statement/reply along with evidances and other evidances to prove myself innocent in regards with ATR filed today. I want to file the papers before 3-102009, the order of Hoble court.
Secondly i want to file an application before the Hon'ble Commissioner of Police and Jont Commissioner of Police, Delhi regarding personal grievences, as the intentionally false and fabricated status report submitted against me by I.O , which hurt me a lot.
Request advice for further action.
with kind regards
Sarvesh Kumar Sharma Advocate
(Expert) 05 September 2009
rishi ji,
u said in yr query "after a week , u filed a complaint u/s 200 and 156(3) of Crpc in the Hon'ble court of Delhi on 01/10/2008"
how u can get both remedies from court?
either u file 156(3)applicatn and wait for order of d court,
or u directly file 200 cr.pc. & treat as comoplaint case!
however , with d permision of the court protest can be filed u file all evidences with affidevit .
those applicatns u send to Commissioner of Police and Jont Commissioner of Police, Delhi regarding grievences is not a part of court it is official and may be dt u call by dm for explainatn.
Rishi Ahuja
(Querist) 05 September 2009
Respected sir,
I mean that when action was not taken by the SHO on my application ,then i filled the case in the honourable court.
I have seen many people in this type of cases they file the complaint u/s 200 and 156 (3). In case hon'ble copurt is not satisfied in 156(3)for registering FIR then they used to order for sec.200 crpc.
with regards.
Rishi Ahuja
(Querist) 05 September 2009
Respected sir,
The hon'ble court siad, that FIR can not be registered against the agrieved person as per section 7 para 3 of DP ACT. Then i said if not against the agreived person whats about other four respondants. Then after submission of ATR by the I.O. , i said how she can be agreived person as she has filed the 498a after my case has filed.
I filed the case on 01-10-2008 and whereas they have filed the 498a complaint under sec. 156(3) on 07-10-2008 and FIR was registered on 18-10-2008. I.O. said i have done counter blast to their 498a, whereas in fact they only did counter blast to my complaint application. Shall i mentioned this fact also in my written statement/reply submission.
thanks
Raj Kumar Makkad
(Expert) 05 September 2009
you can avail each and every opportunity to redress your grievances but their is a set line of action in criminal cases. You can achieve nothing violating this process. if FIR has not been lodged, you get it treated as a private complaint and get record your entire evidence on one hearing and then lead argument and next process shall follow accordingly without caring for the litigation started by another party.
Adinath@Avinash Patil
(Expert) 06 September 2009
In my opinin Mr. sharma & Mr.Makkad both are correctly advised.
Adinath@Avinash Patil
(Expert) 06 September 2009
In my opinin Mr. sharma & Mr.Makkad both are correctly advised.
