Court direction to police
kmath
(Querist) 07 February 2019
This query is : Resolved
To get court direction to direct police to file an FIR, what kind of documents required?
I already took it to chief minister cell still they did not investigate but favored the opponent
My questions are
1) Do I need to refer to any judgments while asking for court direction? if so could you please recommend.
2) Is it better to apply at the lower court or at the higher court?
3) Do I need to be present there while filling the complaint at the court?
4) Does the court need my presence?
KISHAN DUTT KALASKAR
(Expert) 08 February 2019
Dear Sir,
My answers are as follows:
1) Do I need to refer to any judgments while asking for court direction? if so could you please recommend.
Ans: Be informed that Trial Courts are fact finding Courts as such you must convince the Court with your oral and documentary evidence that there is sufficient material on record to take cognizance against accused and to issue summons to the accused to answer such allegations.
2) Is it better to apply at the lower court or at the higher court?
Ans: Always the Magistrate Court take the cognizance and issue summons to the accused.
3) Do I need to be present there while filling the complaint at the court?
Ans: You have to produce all the documents which are necessary to support your allegations made in the complaint.
4) Does the court need my presence?
Ans: In private complaints your presence is necessary on each date of hearing otherwise it will dismissed under Section 256 of CrPC.
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Section 256 in The Code Of Criminal Procedure, 1973
256. Non- appearance or death of complainant.
(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub- section (1) shall, so far as may be, apply also to cases where the non- appearance of the complainant is due to his death.
Please mark “LIKE” if satisfied by my answer.
P. Venu
(Expert) 08 February 2019
Why so many queries? What is the real issue?
P. Venu
(Expert) 08 February 2019
Why so many queries? What is the real issue?
Dr J C Vashista
(Expert) 09 February 2019
Vague query without relevant information can not lead to form an opinion.
If you are located in Delhi/NCR and feel so, may contact me (on appointment) at:
Ch. No 647, Dwarka Courts Complex, New Delhi; Cell # 9891152939
kmath
(Querist) 09 February 2019
Thanks Mr Kishan for your detailed response
