Complaint for cheating
RAJESH CHOPRA
(Querist) 14 January 2014
This query is : Resolved
Dear Sir,
A person had cheated me for few lakhs for which I do not have any documentary evidence but I have a sting operation type recorded coversation and a video accepting money from me in front of 2 witnesses.
I filed a police complaint with at police HQ, Economic offences wing and with respective DCP's office about 8 months back and followed up with police but nothing has happened and police has not given anything written or filed FIR.
Pls advise
1 Should I file complaint under sec 156(3)
2 or should I file an RTI.
Thanks
M.Sheik Mohammed Ali
(Expert) 14 January 2014
you have two options
1. either you file PVT complaint at Magistrate court,
2. file direction petition against police officers, for register to FIR.
R.K Nanda
(Expert) 14 January 2014
nothing to add more.
RAJESH CHOPRA
(Querist) 14 January 2014
Sir,
Pls advise if the two options advised by you are different than sec 156(3) or the same.
V R SHROFF
(Expert) 14 January 2014
U APPLY TO COURT,
JUDGE MAY ALLOW 156(3), RARE CHANCES,
OR GO AHEAD AS PVT COMPLAINT..
Devajyoti Barman
(Expert) 15 January 2014
It is better to apply u/s 156(3) FIRST.
RAJESH CHOPRA
(Querist) 15 January 2014
Dear Sir,
Since initial complaint was filed 9 months back. hope it's not late to file complaint under sec 156(3).
is there any time limit to file complaint.
Thanks
ajay sethi
(Expert) 15 January 2014
you can file complaint under 156(3) now since cops refuse to investigate
T. Kalaiselvan, Advocate
(Expert) 15 January 2014
Generally the EOW Police do not register a FIR on such cases so soon even after investigation because the related offence is being complained without a proof. However, if you are not satisfied with the investigation process by the Economic Offences Wing of Police, you may file a complaint before concerned jurisdictional Judicial magistrate u/s 156(3) Cr.P.C for the related offences quoting appropriate provisions of law.
Devajyoti Barman
(Expert) 15 January 2014
Delay if any is not a constraint to file such petition u/s 156(30 CRPC.
