Could i now file a fresh writ petition in hc against the metropolitan magistrate court ?
Anonymous
(Querist) 05 February 2013
This query is : Resolved
Around 4 months back, I have filed a pvt. complaint u/s Sec. 156(3) of CrPc at a Metropolitan Magistrate Court (MMC), against the police for not registering an FIR and delaying investigating an offence under Section 467, 468 and various other sections of the IPC. However, there has been only been an unreasonable number of postponements of hearing dates at the MMC (5 times) in this period, without even a single hearing being successfully heard on any hearing date.
However, prior to approaching the MMC, I had filed a Writ Petition in High Court against the police for their inaction for a substantial time. However, the High Court mentioned that it did not wish to interfere in the exercise of writ jurisdiction. However, all other legal options were left open to me by the HC, after which I filed a pvt. complaint at the MMC, who then has only been postponing hearing dates for unreasonable no. of times.
As it is now four months already since the filing at MMC without a single hearing actually having taken place, could I now file a fresh Writ Petition in High Court against the MMC for inaction and causing unreasonable delay in hearing the case, and pray to the HC for directing the MMC to immediately order the police for conducting a strictly time-bound investigation u/s 156(3) CrPc and subsequently producing the investigation report?
Please advise.
Thanks,
Adv.R.P.Chugh
(Expert) 05 February 2013
Go in for a 482/483 CrPC or 227 of the Constitution seeking directions for expediation of the matter.
Raj Kumar Makkad
(Expert) 06 February 2013
As you have already returned from High court on the same matter so your subsequent petition on the almost same ground shall not be heard. It is better to move an application under section 173(8) before the trail magistrate to seek direction to the police to complete its investigation within a stipulated time.
