Police inaction
Partha Roy
(Querist) 23 September 2010
This query is : Resolved
Can the matter of Police inaction on cases started u/s: 156(3) be taken up directly with the High Court if several appeals to senior police officers failed to pressurize the concerned IO to submit his investigation report? Do we first have to go through the CJM court? The complainant is a lady with a mentally disabled son. Is she entitled to any special privilege?
Daksh
(Expert) 23 September 2010
Dear Mr.Parthay Roy,
The High Court has ample power in its writ jurisdiction to pass appropriate directions in the fitness of circumstances.
Best Regards
Daksh
Partha Roy
(Querist) 23 September 2010
Thank you friends
Partha Roy
(Querist) 23 September 2010
Dear Learned friends
The complainant is a lady with a mentally disabled son.
Is she entitled to any special privilege?
Regards
Partha Roy
Ajay Bansal
(Expert) 23 September 2010
THE COMPLAINANT CAN GO DIRECTLY TO HIGH COURT.
Uma parameswaran
(Expert) 23 September 2010
Crl.O.P can file .Court shall give consideration to differently abled persons.For that you have to mention in the petition.
Devajyoti Barman
(Expert) 23 September 2010
The Supreme Court has recently held that for police inaction one need not go to high court every time. The complainant can file petition to the Magistrate to such tardy act of the police and if the Magistrate thinks fit, he can call for daily progress of the investigation.
Partha Roy
(Querist) 23 September 2010
Ld.Mr.Barman
My specific query is whether it would be mandatory for me to go through the CJM Court or do I have the option to approach the High Court directly ? I would like to take up the matter with the HC directly if it can be admitted. To get some idea of the case, please find enclosed copy of the petition of complaint on the basis of which the FIR was recorded under direction of the CJM.
This query is also directed at the other Ld.experts of lawyersclub.
c n vittal rao
(Expert) 24 September 2010
YOu can go directly to the high court or in appropriate cases even to the supreme court BUT
1you have to suggest strong grounds for doing so which the courts consider merits their direct intervention
2. Merely because of disabilities laws dont confer special entitlements they can however give special consideration which is discretionary only some special laws confer entitlement examine if your case fits that criteria
