Protest petition if case initiated by letter from Ministry??
Jayesh Kumar
(Querist) 01 August 2011
This query is : Resolved
Hi All Experts,
In a land fraud case, the district patwari, land record officer and another officer in connivance with 2-3 other people used forged signatures and forged documents to transfer the land of a person from his name to another person name. The fraud came to highlight 3 years after the registry of such sale and transfer deed when the person tried to sale one portion of the land. When his efforts to register FIR went fail 'cause the other party used their influence, might & power he wrote a letter to various ministes. On one such letter the minister wrote a strict language asking the district commisioner to probe the matter. The matter was transferred to the local Inspector, a case no. was registered for the complaint however no FIR was filed. However as it was already the same thing, nothing happened in investigation. out of the 6 accused, statements of 3 people were taken. The statements of the govt. official was not taken. But surprise of surprise, I think so, the statement of the complainant was not recorded. They just compiled this statement without any evidence collection, without even collecting the photocopy of the papers alleged to forged, even check the signature and photocopy and sent to the Commisioner Police.
My question is that in this case, when things have proceeded so further can a case which is being investigated be closed without even taking the complaint statements?
Secondly, if the policy has sent the status of the case closed, can this be taken up by filing a protest petition in the Court since there is case no for the investigation however no FIR for that.
Excuse me all for my low knowledge in criminal field.
Regards,
Raj Kumar Makkad
(Expert) 02 August 2011
As no formal FIR has been registered so there is no occassion for either police to submit its report to court nor for you to file any protest petition there.
You should have filed a criminal complaint under the provisions of section 200 Cr. PC against all accused persons with prayer under section 156 (3) Cr. PC to lodge FIR against those accused persons. You can do so at this juncture also teling the entire events and efforts made by you. engage a senior criminal side practising lawyer and follow his guidance.
Ajay Bansal
(Expert) 02 August 2011
I will advice you not to go for registration of F.I.R.,if accused are very strong persons.They could win the police.File a private complaint in court and try to get summoning of accused in court after conducting pre-summoning evidence.
