Police refuse to fild a complaint
Md Abdul Kadher
(Querist) 05 September 2012
This query is : Resolved
A civil suit is pending in a Munsiff Court. Few respondents sold some suit properties and documents were registered. Complaint was given to the Land Grab Cell in the o/o the SP (Tamil Nadu) to file FIR under Sec.447, 420 & 468. They refuse to file FIR as there is a civil suit pending. Whether the affected party can approach the High Court to issue directions to file FIR under Sec.482 of the Cr.P.C.?
ajay sethi
(Expert) 05 September 2012
whether stay was granted by court restraining defendants from disposing of properties in civil suit?
if you want FIr to be lodged move magistarte under section 156 (3) to direct cops to investigate
Nadeem Qureshi
(Expert) 06 September 2012
Dear Querist
if the police refused to file complaint or FIR the person who wants to file FIR, he has right to file a criminal complaint before the court under section 156 (3) of CRPC and after inquiry or investigation the magistrate may issue an order to police to registered FIR.
The Code of Criminal Procedure, 1973 (CrPc)
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.
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