House Breaking
Ajay Kochar
(Querist) 16 October 2009
This query is : Resolved
There is an house robbery and theft at my residential address as on 11/07/2009. I filled a FIR in a manpada Police Station and mentioned the name of House Maid in FIR.
But even after 3 months police not taken any action against her. Laxmi only knows on that date we are going to outside of Dombivli. She even worked on that day by taking keys from the neighbour. She only knows where my wifr took Money and ornaments bcoz she worked at our home from the last 5 yrs. Even I given a seprate letter regarding Laxmi is the main suspect in this case. But police not taking any Investigation, not even visit after 13/07/09 for a single time. No finger prints, No photos, no dog scod, nothing is doen No charge sheet is filled against laxmi. Pls advice what to do?
AEJAZ AHMED
(Expert) 16 October 2009
Dear Ajay,
What do you mean by this:
*******" I filed a FIR in a manpada Police Station ";
****** " and mentioned the name of House Maid in FIR ";
On your written Complaint to the Police station by mentioning the name of suspected person behind the Robbery;
** did you confirmed that, your complaint is taken in their General diary;
** did you confirmed that, a FIR is registered against you said complaint;
** did you confirmed that, against the column of 'Accused' her name is written in FIR;
** did you taken a Carbon copy of FIR from the Police Station;
** did you ' atleast' taken endorsement on your complaint from P.S., i.e, after submiting you complaint to the P.S, their Seal and signature on the Xerox copy of your complaint;
** did they prepared any ' Panchnama Report ' on 13-07-2009, when they visited at your home on your complaint;
If, for the above, there is still no FIR, no Panchnama;
Then Contact your Lawyer and file a "Private Complaint" U/s. 200 before the concerned Magistrate for the said offence of Robbery & Theft;
OR otherwise, if already a FIR is registered by the P.S. then take a Copy of FIR, either form P.S. or from the records of the concerned Magistrate Court and move a petition by contacting your Lawyer, in the said 'Crime'/FIR, for instructions to concerned P.S. for further investigation.
Raj Kumar Makkad
(Expert) 16 October 2009
It is appropriate to make representation to the higher police officials after obtaining the copy of the FIR (available free of cost to the complainant) for initiation of further action on FIR and recover property stolen. If u file a private complaint against your house maid, it shall be very difficult to recover the same and even if she gets any punishment after a long legal battle even then you shall not get that property so better confine to state case.
joyce
(Expert) 16 October 2009
Meet a higher police offical Dy. S.P or S.P and tell them the delay of ur greviences allready filed. filing private complaint is allready late as the cause of action was in the month of july.
n.k.sarin
(Expert) 17 October 2009
agree with Mr Rajkumar Makkad
Sachin Bhatia
(Expert) 17 October 2009
Better for you to approach the higher police officials after obtaining the copy of the FIR.
Guest
(Expert) 17 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691,09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE F.I.R. KINDLY NOTE THAT.
1.ONCE COMPLAINT IS FILED AT POLICE STATION BY YOU THEN POLICE ARE SUPPOSED TO SEND THE SAID F.I.R. TO THE NEAREST COURT WITHIN 24 HOURS.AND THEN INVESTIGATE THE CASE ,RECORD STATEMENT OF WITNESSES , SPOT PANCHNAMA AND FILE CHARGE SHEET TO THE COURT WITHIN SPECIFIED TIME AS PER I.P.C. AND C.R.P.C.
POLICE ARE SUPPOSED TO ARREST THE ACCUSED AND PRODUCE HER BEFORE THE COURT.
2.IN YOUR CASE POLICE HAVE NOT TAKEN ANY ACTION .BUT KINDLY CONFIRM WITH SAID POLICE STATION AND OR FROM THE COURT. IN CASE THEY HAVE NOT TAKEN ANY ACTION AGAINST ACCUSED YOU MAY FILE COMPLAINT TO THE DIST SUPDT OF POLICE BY ENCLOSING THE COPY OF YOUR COMPLAINT MADE TO POLICE STATION.
3.IN CASE STILL NO PROGRESS IS THERE THEN YOU MAY FILE YOUR COMPLAINT TO THE CHIEF JUDICIAL MAGISTRATES COURT MENTIONING ALL FACTS AND NAME OF ACCUSED. UP ON HEARING ALL FACTS COURT IF SATISFIED MAY ISSUE PROCESS UNDER SECTION 156 (3) OF C.R.P.C. AND ORDER POLICE INSPECTOR IN THE AREA TO REGISTER CRIMINAL CASE AND SEND REPORT TO THE COURT.POLICE CAN ARREST THE ACCUSED AND PRODUCE HER IN COURT.PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY SEND DETAILS OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
H. S. Thukral
(Expert) 17 October 2009
If FIR has not been registered, file a complaint before the Magistrate along with application under section 156(3) Cr. PC. Court can order registeration of FIR / ask for ATR from Police.
Ajay Kochar
(Querist) 17 October 2009
Thanks to all for replying
I get a carbon copy of FIR from police station, even in FIR they mentioned a wrong wordings like "the theft is done by breaking door latch but the reality is seen by ACP to Constable that door is open by keys only and no single scratch on the door. I write about this to IO and get acknowledged copy from them. I meet ACP and even DCP also and given a letter to both of them by mentioning the name of HOusnemaid. I visite to ACP office for 3 to 4 times and ACP inform to visit at manpada police where ACP asked questions to Sr.PI as well as IO but they also gives a wrong information to ACP, Even ACP also knows that no finger prints is taken in my case but Sr.PI told to ACP that Finger print is already taken and Ajay did not known about that. One question in my mind that why ACP not asked that he visited the place and confirmed that no Finger print is taken then why he is lying? Even Laxmi is arrested after one month only ordered by ACP on 13 Aug, 09 but IO not arrested her on same date he called laxmi on 14th, on that day I visited police station to confirm her arrest, I saw police is waiting for her arrival and when she come IO informed her relative that they arresting laxmi today, Her relative looked at IO, laughed and said as you wish then laxmi not having any tension even fear about the arrest on her face and told lady constable to ready to move. SHe get bale immediatley on 16th Aug on sunday. police inform me that she get bale on 23.10.09. All are lying. IO not showing any paper of invesigation I asked some questions throgh RTI Act, on 22.10.09, 30 days going to be complited I am waiting for the same. I am having all the acknowledgement of DCP/ACP/IO. Even I given seprate letter about Laxmi that she is only done the robbery.
Pls Adivice
Ajay Kochar
(Querist) 17 October 2009
Sorry to say that I mentioned date as 23.10.09 instead on 23.08.09 of laxmis bale which is told by IO to me.
Ajay Kochar
(Querist) 17 October 2009
Wish you all A HAPPY DIWALI AND PROSPEROUS NEW YEAR.
Legal Eagle
(Expert) 20 October 2009
Mr. Kochar, as per your saying your house maid has been released on bail. If you have doubts, you can ask the concern police station to furnish you the details of the case no. If you find it very difficult to deal with the police officers and you think it is appropriate to appoint an advocate, please do so, as you are simply wasting time.
Also note that you can file a Complaint. Atleast start that proceedings.
Hope you find a good advocate.
Ajay Kochar
(Querist) 22 October 2009
Thanks for advice but if I complaint about the police officer in the court they even not entertain me and inform that you collect the informastion from the court only, in the PS, So I think what information I get yesterday through RTI I presrnt it to all sr.officer as well as addl/jt/Commissioner before filling a complaint in the court.I am clubbing all the information from Police Station through RTI in which they are clearing lying and its easy to me to put all the papers in front of the commissioner.
Pls advice
Arul Kumar
(Expert) 22 October 2009
Mr. Kochar better you do all your proceeding through an advocate, who only can guide you and ease your problem.
