Criminal complaint
kaur
(Querist) 22 June 2014
This query is : Resolved
Criminal complaint u/s 156(3) Cr.PAC was lodged almost 4 years back on grounds cheating and forgery against the agent and company. The police registered the FIR but did not investigate that case does not fall under their jurisdiction and submitted cancellation report to court. The court did not accept the cancellation report and directed the Police to re-investigate the matter accordance with law. After 3 years the police investigated the matter and again submitted C.R. to court. Please advice that can court be requested that police may be directed to transfer the FIR to concerned police station where the offence occurred on point of jurisdiction.
Devajyoti Barman
(Expert) 22 June 2014
After re investigation you have option of getting it converted into complaint case. Asking for transfer would be too late now.
Rajendra K Goyal
(Expert) 23 June 2014
As advised you may avail the option to proceed as complaint case.
kaur
(Querist) 28 June 2014
Attended the court and police have again submitted cancellation report to police that cause have arise outside their jurisdiction. Anyhow court told us to file objection in next date. No doubt that police is doing this purposely since when police had submitted C.R. previously in year 2011 than also court order the police to act accordingly to law and whereas police itself has the power to transfer the FIR to another police station the question of submitted C.R. to court does not arise. Although in previous orders the court have given citation of supreme court that if zero FIR is registered and police can transfer the same to another police station on point of jurisdiction. Please advice what to reply on next date to court and if FIR is not cancelled and may be transferred to concerned police station where the cause of action arosed.
Raj Kumar Makkad
(Expert) 30 June 2014
You are required to go through the same citation mentioned by the trial magistrate and should draft your counter accordingly.
