Ipc 497,498,378
Querist :
Anonymous
(Querist) 19 October 2011
This query is : Resolved
A is married person b is his wife, c is servant in a and b's home. after some time c enticing,or taking away b with him, and also theft a golden articles and valluable thing and cash about total 2 lakh. a conatct police but police take only simple application not lodge fir.still it is 30 days, pass, a came to know that b and c is leaving together some another place. now how can a lodge fir, and for getting custody,his wife b what is option for a? police orraly says that they have no direct power to lodge fir u/s ipc497 and 498, so what is remedy in this matter?
Advocate Rajkumarlaxman
(Expert) 19 October 2011
File a complaint to the concerned Magistrate Court [JMFC] Or Sessions court which ever has the jurisdiction to do so.
Devajyoti Barman
(Expert) 19 October 2011
Police is misleading.
Anyway file a petition before the Magistrate u/s 156(3)crpc. Engage an advocate if you are not.
ajay sethi
(Expert) 19 October 2011
if your wife has fled with servant and you sought to lodge FIR police should have recorded it . if no FIR was lodged you ought to have complained to Supdt of police and other authorites .
you will hav eto file complaint with magistarte under 156(3) to direct police to investigate the offence
Ravikant Soni
(Expert) 20 October 2011
offence of theft is cognizable so the police should have lodge FIR. Read over section 155(4) to the police officer in charge. Nevertheless if he is reluctant than follow procedure laid down in 154(3) or 156(3)cr.p.c.
Shonee Kapoor
(Expert) 20 October 2011
Agreed with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 20 October 2011
you can not do it without professional servicesof an advocate.Do engage one now.
kuldeep kumar
(Expert) 20 October 2011
lodge a fir for theft and for rest complaint before jmfc
