No action by goa police on fir filed in may 2012
Vinay
(Querist) 22 November 2013
This query is : Resolved
Hi,
One of our female employee cheated us to the tune of 3.25 lakhs. Police took six months to register FIR. Thereafter as nothing was happening from Police, under RTI act I asked for 'action taken report' on the case. The IO informed that the case is under investigation.
I wrote grievance cell of Goa who instructed DIG to take action on or before April 2013. As there was no action from DIG I wrote to the Home Minister of Goa complaining about no action being taken three months back. There is no reply from Home Minister nor any action is initiated by Police. How can I ensure further legal action on the said ex employee? Thanks
Advocate M.Bhadra
(Expert) 22 November 2013
File an application u/sec.156(3) Cr.P.C. charge with sec.420 and 406 IPC in Judicial Magistrate Court for the complaint treating as an FIR and communicate the order of the Court to the Police.If they would not response after some days then you can file a Writ of Mandamus in the high Court under article 226 of the Indian Constitution.
SEC.156 Cr.P.C.
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.
Article 226 of the Indian Constitution; Power of High Courts to issue certain writs
(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose
(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ).
Devajyoti Barman
(Expert) 22 November 2013
Since FIR is already registered there is ni need to go for filing petition u/s 156(3) crpc.
In stead of knocking doors of Police, go to the Magistrate and ask for IO report on status of investigation. You would soon get result.
Rajendra K Goyal
(Expert) 23 November 2013
Agree with the expert Devajyoti Barman ji. FIR has already been registered.
Rajendra K Goyal
(Expert) 23 November 2013
Agree with the advise of expert Devajyoti Barman ji, FIR has already been registered.
