Meeting with io
INDIAN
(Querist) 03 May 2013
This query is : Resolved
After giving the dowry demand complaint me and my hubby was called in front of IO where my hubby refused to live together and given the statement that two court cases are pending in the court ( from 125 and from hubby under section HMA 13). IO also told me to give ur statement and same is given . Now IO is telling that we will send u both in the court . Now my query is if any court cases are pending then will the IO not register the FIR as my hubby is clearly refused to stay together ? As I requested u in my earlier query that once we were compromised in Caw cell one year before also . If she will not register the FIR then what is the remedy to get register the FIR through police?
Nadeem Qureshi
(Expert) 03 May 2013
File a criminal complaint u/s 156 (3) of Cr.PC before Magistrate.
156. Police officer’s power to investigate cognizable cases.
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned.
Feel Free to Call
Raj Kumar Makkad
(Expert) 03 May 2013
If police is refusing the lodge FIR then the only remedy is to invoke the jurisdiction of the trial magistrate as advised above.
