No action on fir
Amit
(Querist) 30 April 2015
This query is : Resolved
Hi all,
I filed an FIR for cheating. Police refused to register the FIR. So we went to the magistrate who asked FIR to be filed and investigation reported to be submitted withing a month.
So far it's been 8 months and police are not conducting any investigation and neither have they filed any report.
What are my options now?
(1) Can I go to HC and file a Writ petition?
(2) I was told the Writ has to be under Article 226, 227. Is that correct?
(3) Will the police hold any grudge against me for this?
(4) Can I file the Writ as Party-in-person or do I need an advocate?
Thanks
Amit
(Querist) 30 April 2015
OK so what's the professional advice on this query?
Also I forgot to mention that she filed for quashing of the case. Can this be done even before investigation is completed?
Please guide me on the next step to be taken.
Guest
(Expert) 30 April 2015
Any academic or professional query does not deserve free advice.
Amit
(Querist) 30 April 2015
What is academic or professional query?
I am facing this in my real life with my case.
Guest
(Expert) 30 April 2015
Cheating for what, give full background of the case, if you are facing in your real life?
Amit
(Querist) 30 April 2015
OK.
Cheating related to my marriage case. She falsely gave her
age and documents.
She also obtained passport based on these false documents.
I filed for annulment long time back and last year I filed for this cheating criminal case.
I was about to go to HC to expedite the police investigation into this passport fraud as well as cheating us. But now she filed for quashing of the case.
Please guide. Let me know if you need more details.
Thanks
Guest
(Expert) 30 April 2015
Can you clarify, in what way such a cheating case can affect your marriage case, even if police investigates that case?
Amit
(Querist) 30 April 2015
Well she cheated me and the passport authorities right?
She committed fraud while obtaining passport.
So I filed criminal case for that.
As for my marriage is concerned, she cheated me with regards to age and I don't want to go into the merits of that case as my current query is related to the cheating case that I filed.
Guest
(Expert) 30 April 2015
Mr. Amit,
You have not replied, how the cheating case can affect your marriage case? Can you please count the merits of the cheating to give an impact in support of your marriage case, as you might have been informed by your own lawyer with reference to the nature of your marriage case.
Also, what is your age, how much age she stated before marriage and what exact age could you find and with reference to which proof against that?
As you stated, "she committed fraud while obtaining passport," please clarify, what type of fraud she committed, except error in the date of birth and in what way that benefitted her unduly?
So far as cheating the passport authority is concerned, neither that affects your marriage case, nor the police is supposed to report to you on that aspect, even if police finds any discrepancy in her age.
So, nothing is so significant in your present case, as you try to emphsize, unless you discuss the merits of the case in what manner that helps to support your marriage case.
Amit
(Querist) 30 April 2015
She has shown passport as proof of date of birth to us which was wrong.
She is elder to me by 6-7yrs.
Showing her passport fraud will certainly help me in my divorce case.
My case is that she used to her passport to get into marriage so those two are related.
In any case,
my queries regarding my criminal case are not answered.
There's an FIR and police are not investigating. Can I filr Writ in HC and what to do regarding her quashing petition?
Guest
(Expert) 30 April 2015
Don't try to stretch too much your thread, when there is no merit in your case.
So far as your question, "my queries regarding my criminal case are not answered," why you have not consulted own lawyer on this issue.
To me it seems to be merely an academic query when you have already been replied that any academic or professional query does not deserve any response.
In fact, your query is quite vague, fabricated and hypothetical. If you think it pertains to your real case, you may better send copy of judgment in your 498a case, along with your application to the magistrate, through email at: dcgroup1962@gmail.com
Rajendra K Goyal
(Expert) 30 April 2015
Consult local lawyer and show him all the documents.
Amit
(Querist) 30 April 2015
I can only laugh at Mr Dhingra's immaturity.
People who have followed my threads before know what I am taking about.
Mr Dhingra, if you think my case is fabricated, I feel sorry for your clients. No wonder, justice is hard to get in this country with advocates like you. Do not bother replying to my posts ever and waste my time.
Guest
(Expert) 30 April 2015
Why not, you can do nothing else to feign laghing at me, as you cannot prove your case to be true. You are free to laugh, even very loudly for your self satisfaction. But, by trying to twist the issue you can't conceal the facts. If it is not your fabricated story, why don't you accept my proposal to send the documents through email, as I asked?
SO, WHY NOT PROVE YOUR CASE TO BE TRUE BY SENDING ME THE REQUISITE DOCUMENTS? DEFINITELY, YOU DON'T HAVE ANY OTHER ALTERNATIVE THAN TO TWIST THE MATTER BY FEIGNING TO LAUGH AND TO SATISFY YOUR VAIN EGO TO TREAT ME IMMATURE!
Moreover, a pertinent question arises here, if you are quite mature, why you felt the need to raise your query here instead of solving your own problem or asking your own lawyer to get some effective solution to your problem.
Of course, you seem to be living in fools paradise, if your think yourself to be too smart to hoodwink the experts by your evasive explanations in a bid to solve your academic exercise.
Shri Rajendra K Goyal has rightly advised you to consult some local lawyer.
LASTLY, ARE YOU SENDING YOUR CASE PAPERS TO ME TO PROVE YOUR CONTENTIOSN TO BE TRUE?
Amit
(Querist) 30 April 2015
mr dhingra, if u can't help, don't post here.
unlike u, i have no time to waste.
had it not been for ur age i'd have asked u to shut up.
Amit
(Querist) 30 April 2015
my own lawyer, my own problem.
why do u think we have LCI? for u to make fun of me?
again, if u can't help better keep quiet.
Guest
(Expert) 30 April 2015
So, you don't have the courage to prove your case to be true!
You are definitely supposed to waste your time to prove yourself truthful.
Send your case to me and I shall openly admit my mistake here on this very page of your case, if that true so that others may also feel pleasure to have a laugh at me and my so called immaturity.
HAVE THE COURAGE TO SEND THE DOCUMENTS, IF YOU REALLY ARE FACING SUCH A PROBLEM, AS YOU PRETEND.
Amit
(Querist) 30 April 2015
I don't need to prove anyting to anyone.
If u think I'm bluffing, u hv choice of not responding.
what all documents u need?
FIR copy?
how many ppl send their docs here anyway?
My queries were clear enuf and they are context free.
Guest
(Expert) 01 May 2015
Your response if quite funny, when you say, "I don't need to prove anyting to anyone." How can you prove your case to be true when you don't have anything to prove that true.
On your own query, "why do u think we have LCI? for u to make fun of me," NOW I QUESTION YOU:
1) Why do u think that the LCI is there to solve the academic exercises of the law students, not to help the really needy and hapless sufferers from the hands of law or those who misuse of law against others?
2) Is the LCI made for u, an easy going student, who do not believe in concentrating on your studies and try to get your school exercises solved through experts on the LCI by twisting the facts instead of proving yourself a reliable querist?
3) Is the LCI opened for u to make fun of the experts and prefer to make sarcastic remarks over those from whom you expect help and also treat them immature, when there is a dearth of maturity in yourself?
4) If you are so mature and treat yourself as judge on maturity of the experts, why do you come to the LCI to seek help of immature persons?
NOW YOU HAVE MADE YOUR OWN POSITION QUITE LAGHABLE AND IMMATURE BY YOUR OWN EVASIVE RESPONSES AND NOT BEING ABLE TO PROVE THAT YOU REALLY HAVE ANY SUCH PROBLEM, WHICH YOU HAVE TRIED TO FALSELY REPRESENT BY ACTING OVERSMART.
Amit
(Querist) 07 July 2015
For the knowledge of the people in similar problem and for the imbecile nincompoops who pretend to be experts here:
Police were not taking action on my FIR.
So I filed Writ Mandamus against the police in High Court and even before the matter came up for hearing, the police are in action to complete investigation. They even promised to do before the court hearing.
Hope this helps.
