Need guidance for FIR against a police officer
Tapan Kumar Shanty
(Querist) 18 February 2016
This query is : Resolved
Dear Sir
There is a police inspector staying in our colony in front of my house. He and his wife used to harass neighbors. He is confident that being a police officer nobody can take any action against him. They show and misuse the power of police. They used to take out fuel from police vehicle in the daylight. It proves he is confident on his power. I filmed this many times. Recently they both have beaten my wife in public by tearing her dress. I complaint in PS. Police investigated 3 times and tried to keep silent. All the times around 10 people in our colony given witness against them. Still police did not proceed. I sent letter to CI with copy to DCP, CP, DGP and State Human Right Commission through registered post. After 20 days of incident police registered FIR online. And written that police received my complaint on the date on which FIR registered. Now I am afraid if police will delay the charge sheet or police may submit Report by supporting them.
Can you please advice what should be the action? Or in your experience how should I proceed if same thing happens?
Isaac Gabriel
(Expert) 18 February 2016
You go to Media and call press people to see everything.The atrocities aill end.
Adv. Yogen Kakade
(Expert) 19 February 2016
As the FIR has already been registered.. follow the court procedure.. and never get scared of the police as he being a police officer and can do anything he wants. The law is equal for everyone.. in fact the police officer will suffer more as he has broken the law even after knowing the law.
Rajendra K Goyal
(Expert) 19 February 2016
The FIR has been lodged, if he repeats the incidence, lodge another FIR and send letters to higher police officers. In case of need lodge direct complaint with the Magistrate u/s 156(3) Cr. PC.
Tapan Kumar Shanty
(Querist) 19 February 2016
I am afraid of because the police is supporting him as he is same rank. I have given complain on the same date 25th Jan. But on the same application th IO has written that he received this on 13th Feb. I have the prove that police written to hospital for medical test on 25th Jan. Next prove is I met DCP and he forwarded my application on 28th Jan which is registered in DCP outward register. How police can do this? Again till now charge sheet has not send to court.
How long a police can take to send charge sheet? I saw online case that IPC 354b, 323, 506 has been registered. 354b is a cognizable offence. But my fear is that after sufficient witness why police is delaying. Even the accused have not a single witness.
Is there any way I can do so that the charge sheet will be send quickly?
Devajyoti Barman
(Expert) 20 February 2016
Since the FIR is already registered you can not go to Magistrate again to register FIR.
You can though ask the Magistrate to monitor the case which the court hardly does.
Second option which works wonder is to file writ petition in high court agaisnt police inaction and biasness.
It will give you desired result.
A. A. JOSE
(Expert) 20 February 2016
You may personally meet the jurisdictional Police Commissioner of your place and represent your case with complete facts. Further, in your State, if there is CM Online procedure, you may try that also. If after all these, there is no positive outcome, then Writ Petition in the High Court can be thought of.
Do not be afraid..but go on. Really appreciate your courage and grit to take on the Police Officer - a Public Servant - who is dutybound to serve the people rather than showing highhandedness.
Tapan Kumar Shanty
(Querist) 20 February 2016
Will it be helpful if I add the videos while they were taking out from police vehicle?
Tapan Kumar Shanty
(Querist) 20 February 2016
Will it be helpful if I add the videos while they were taking fuel out from police vehicle?
Sudhir Kumar, Advocate
(Expert) 23 February 2016
you said that you have recording of his theft of Govt petrol.
send the recording to DIG (Vigilance) and share with media.
Inspector is a quite senior rank in Police but take it he is non-gazetted and authority competent to dismiss him is not very high like Secretary or Governor.
Sudhir Kumar, Advocate
(Expert) 23 February 2016
You have already placed him on the mat which you do not realise.
If FIR is registered then it is in his own interest that the case is not delayed because as long as that FIR stands he is not getting any promotion, no financial upgradation, no application for deputation, no pension if he retires in between.
Since the matter pertains to crima against woman you can also approach SCW/NCW.
Tapan Kumar Shanty
(Querist) 26 February 2016
What if police does not file charge sheet. And if internally says that this is false. Will I be intimated by police in such scenario?
Tapan Kumar Shanty
(Querist) 14 October 2016
Dear sirs. Further to this post IO told that they charge sheeted and sent to the court this case on 25th may 2016. Even till now the FIR website is not updated with the status. And I did not receive any letter from court. How can I know what is the real status?
Rajendra K Goyal
(Expert) 14 October 2016
You can engage your lawyer and follow up the proceedings.
