Robbery and threat to life
Rajesh Palande
(Querist) 17 October 2009
This query is : Resolved
We had employed a driver, and dismissed him from service due to misbehavior with proprietor who is a lady. After few years the same man came and demanded Rs.7000/- which he claimed as unsettlled dues. He also signed on a promisory on 100/- non-judicial stamp paper mentioning that he would not harras any of family members, and he does not owe any dues with us. 3-4 days ago he stole 2 batterries and 2 car tape from buses owned by us. Police had formally arrested him recovered batterries. However the are not recording our complaint and have released him. Police say that we would catch him once they record our compliant. Every time we go to launch a complaint they avoid telling some or other reasons. We feel that police have co-operated till now by arresting him recovering the stolen batteries but why so delay in criminal proceedings. Please guide us what can be done in this.
joyce
(Expert) 17 October 2009
Next time if any such things happen then request the cops to take the complaint register. if the complaint is not registered as per ur request then u can file a private complaint.
A V Vishal
(Expert) 17 October 2009
It is the duty of the SHO to receive your complaint, register it, investigate and file an FIR, in the instant case since the concerned police officials are not co-operating you can complain about the same to the higher authorities and despite that no action is coming through you can file a writ in the High Court seeking directions against the Police authorities concerned.
Rajesh Palande
(Querist) 17 October 2009
Thank you for your kind advice and co-operation
Police are delaying noting down the complaint saying that " Dont worry, we have nabbed the criminal" On asking where is he now, they replied " he must be kept in lock up or we would again catch him after divali"
What are the main points to be included in complaint, so that court would not let him free or leave him on bail. Its life threatning to proprietor who is a lady and as per past history he comes with weapons
joyce
(Expert) 17 October 2009
Ask the lady propritor to leave a note in the police-station as to her protection, and mention the name of the person who gives life threaths, black-mailings etc.. she can even lodge a complaint when cause of action raised immidiatly as to non- bailable sections like 506, etc.. of IPC for which the complaint must not be belated one.
Sachin Bhatia
(Expert) 17 October 2009
It is the duty of the officer in charge of the police station to register your complaint & it is also their duty to investigate the matter. If you think they are performing their duties then you can approach to the higher concerned authorities. You can also approach to the court.
Kiran Kumar
(Expert) 18 October 2009
I agree with Mr. Vishal.
Raj Kumar Makkad
(Expert) 18 October 2009
I am in agreement with Vishal. You can also file a complaint before criminal judge of your area with an application under section 156 (3) Cr. PC, upon which the police shall be bound to lodge FIR.
Guest
(Expert) 18 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 COMPLAINT KINDLY NOTE THAT.
1.ON THE BASIS OF YOUR COMPLAINT POLICE HAVE RECOVERED THE STOLEN PROPERTY.YOU MAY KINDLY NOTE THAT IN CRIMINAL CASES ONCE F.I.R.IS FILED THE PERSON NAMED IN THE COMPLAINT WILL BE ARRESTED AND THE STOLEN PROPERTY WILL BE RECOVERED FROM HIM.WITHIN 24 HOURS SAID F.I.R.IS SENT TO THE NEAREST COURT.YOU MAY APPLY TO THE COURT WITH APPLICATION TO GET BACK STOLEN PROPERTY RECOVERED BY POLICE WITH SUPPORTING AFFIDAVIT AND OWNERSHIP PROOF AND YOUR IDENTITY AND ADDRESS PROOF.COURT WILL PASS AN ORDER AND RETURN YOU THE SAID PROPERTY THROUGH POLICE STATION CONCERNED.
2 BUT IN CASE POLICE HAVE NOT REGISTERED F.I.R. THEN YOU MAY SEND COMPLAINT TO THE DIST SUPDT.OF POLICE MENTIONING THE DATE TIME AND PLACE OF OFFENCE AND DETAILS OF COMPLAINT GIVEN TO THE POLICE STATION. YOUR JOB WILL BE DONE.
3.STILL YOU DO NOT GET RESPONSE THEN YOU MAY FILE THE COMPLAINT TO THE CHIEF JUDICIAL MAGISTRATES COURT MENTIONING ALL DETAILS AND UP ON HEARING YOU HONOURABLE COURT WILL ISSUE PROCESS UNDER SEC.156(3) OF CRPC AND ORDER THE POLICE INSPECTOR TO FILE CRIMINAL CASE AGAINST THE SAID ACCUSED.
IN CASE YOU NEED ANY FURTHER HELP KINDLY WRITE OR SEND DETAILS OR CALL.
THANKING YOU
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
yogesh
(Expert) 18 October 2009
If Law enforcement agencies used to avoid trifling activities . If the offence are serious then may made complaint at M.M who will either investigate the case under crpc but in usual cases directs the Police to do investiagations
Rajesh Palande
(Querist) 19 October 2009
I wish to Thank all of you for your advice in this matter. Can Police investigate and put the criminal behind bar with out my FIR? If they have done so, under what clause they can do it? As police have called us tomorrow i.e. 20th -2009 I would wait till tomorrow, just see whether they would note my FIR. I the mean time, that driver had purchased a motor cycle from husband of the lady proprietor after paying full amount. But however we now found that the same has not been transferred on his name. He had signed a declaration (Hami Patra) that he would get the said motor cycle transferred on his name. In that declaration, he has also declared that he would be responsible for any offences related to that motor cycle. Now Police has recovered that m'cycle and kept it in Police Station. With this case, I wanted to know whether he would take this appourtunity and file a cross complaint that proprietor's husband is not willing to transfer or anything of that sort just to create nuisance?
