How to challenge illegal order of police
tej
(Querist) 20 February 2014
This query is : Resolved
Respected Experts,
written criminal complaint was filed by me under various sections of I.P.C 420,467etc and also under MOFA act against builder for his acts of fraud,cheating me by way of 1.giving me and members of apartment less builtup area than agreed.2.constructing the building by violation of essential D.C.Rules 3.by unauthorized changes in construction than sanctioned plan .violation in respect of mandatory provisions in respect of set back, passage width, unauthorized merging common toilet block area in his shop,non provision of common toilet block of size as per sanctioned plan,non providing account details in respect of deposits collected from flat purchasers on account of M.S.E.B. Deposits,Association formation etc,
even after specific law provisions and decisions of Bomaby High Court and Hon'ble Supreme Court in respect of registering F.I.R. as mandatory duty, police did not followed the principles and almost after sitting on my complaint for more than 5 months when i wrote letter to Chief Justice of Hon'ble Highcourt and Supreme court the police illegally sent me summon saying that my written complaint when referred to legal cell,the officer of legal cell has given his report that no criminal offence can be made out against accused from my written criminal complaint hence my criminal complaint is disposed off.
it is pertinent to note here that ihave provided in suport of my criminal complaint documents much of which are in the form of conclusive evidences.i.e. suported by court commissioner report attained finality in respect of consumer case in same matter
my query is
1. what options are now availbale with me to challenge police order of disposing my criminal complaint with out registering F.I.R.
2.Police has not provided any answer to me inspection of record even after my application under RTI act for the inspection of police record in respect of my criminal complaint.
3.police has not provided any copy legal cell report to me for their findings
4.their is clear cut violation of various law provisions by police from rank of P.I. to highest rank of Commissioner of Police.
it seems that only to protect the accused Directors of Promoter and Builder police in group work have violated various legal provisions.
Please guide me how i can challenge act of police in disposing my criminal complaint without registering F.I.R.
yogesh
(Expert) 20 February 2014
For RTI you should made an appeal if the investigation is complete..and then made approach to the central/state Information commission
Guest
(Expert) 20 February 2014
Normally Police treats such issues are related to Civil Matters which they do not prefer to interfere and basing on court instructions they had also taken Legal opinion of the same. So for a better result in your issue you could approach the Consumer Forum/Court
ajay sethi
(Expert) 20 February 2014
your best option is to move consumer courts for necessary reliefs . since cops are of view that dispute is of civil nature file compliant before consumer forum . within period of 2 years you would get results .
Guest
(Expert) 20 February 2014
You could Condone the Delay if any by stating you were seeking Remedies thro Police Complaints and writing to Court with evidences of the same.
Rajendra K Goyal
(Expert) 20 February 2014
The police has treated the matter as civil dispute. Take civil path i.e. consumer forum or court.
You can try to lodge complaint through court u/s 156(3) Cr. PC.
