Confused
N.J. MISHRA
(Querist) 04 November 2013
This query is : Resolved
DEAR MEMBERS KINDLY GUIDE ON MY BELOW MENTIONED QUERY:
WE FILED WRITTEN COMPLAINT TO THE POLICE STATION FOR REGISTERING THE CRIME AGAINST ONE OF OUR EMPLOYEE WHO COMMITTED THEFT; HOWEVER, POLICE FAILED TO INITIATE ANY ACTION; HENCE, ACCORDINGLY WE FILED DIRECTION PETITION IN HIGH COURT AND ACCORDINGLY HIGH COURT DIRECTED POLICE TO INVESTIGATE THE MATTER AND PROCEED ACCORDING TO LAW WITHIN THREE MONTHS FROM DATE OF PASSING THE ORDER.
SINCE THREE MONTHS EXPIRED POLICE FAILED TO PROCEED AS PER HIGH COURT ORDER, NOW MY ADVOCATE IS ADVISING TO MOVE CONTEMPT PETITION AND IF WE FILE CONTEMPT PETITON THEN POLICE WILL START HARASSING US.
ONE OF MY FRIEND WHO IS ALSO AN ADVOCATE ADVICED ME TO FILE MISCELLENEOUS APPLICATION IN VIEW OF EARLIER PETITION. INFORMING THE COURT THAT "WE HAVE NOT BEEN CALLED FOR RECORDING OUR STATMENT, NO DEVELOMENT TAKEN PLACE, etc." COURT UPON VERIFYING POLICE DIARY WILL PASS ANOTHER ORDER.
I AM CONFUSED TO PROCEED IN WHICH DIRECTION. EITHER WITH ADVOCATE'S SUGGESTION TO FILE CONTEMPT PETITION OR TO GO WITH FRIEND'S SUGGESTION TO FILE MISCELLENEOUS APPLICATION.
MEMBERS PLEASE GUIDE AN APPROPRIATE DIRECTION.
ajay sethi
(Expert) 04 November 2013
no harm in filing contempt petition . police are bound to comply with HC order .
V R SHROFF
(Expert) 04 November 2013
U shd hv lodged 156(3) in JMFC, in initial stage.
However, you Report this matter with HC Order to SP, & Police Higher Authority.
Sends Copy to Home Minister . They will do needful for negligence of concerned PS.
Rajendra K Goyal
(Expert) 04 November 2013
Should lodge contempt of court petition.
R.K Nanda
(Expert) 04 November 2013
agree with experts.
