How to take action against police
P RaviShankar-cell-8939332195
(Querist) 27 July 2013
This query is : Resolved
Sir,i made a pvt complaint to magistrate u/s 190(1) of cr.p.c who ordered police to file fir. even after 3 years after filing fir Investigation oficer refuses to arrest accused,refuses to file chargesheet before magistrate. when i contacted police, inspector told lies that he has filed closure report. but when i enquired with the court i found that no such closure report was filed as yet. i made complaint to deputy comissioner of poice but the dcp's office told me that he has no power to interfere with the investigation officer. i made a written complaint to police comissioner almost 6 months ago against the investigation officer and the inspector but the comissioner no action has been take so far against the inspector and the investigation officer. The IO and the inspector have conspired against me in this case. I want to have the Investigation officer, Inspector, and the comissioner of police to be arrested. pls help me with the steps that i should take in the court to take action against police officers. Rgds Adv Ravi
ajay sethi
(Expert) 27 July 2013
on next date of hearing before the magistrate draw attention of the court to fact that although 3 years have passed till date IO has not submitted his report.
police is over burdened . unfortunately it is fact that even after 3 years in many case IO does not submit report
Sushil Sharma
(Expert) 27 July 2013
In my view you have to move an application before magistrate asking for status report of the matter. It is the court who can take cognigence
Advocate M.Bhadra
(Expert) 27 July 2013
You can file a petition u/sec.210 Cr.P.C. in the Magistrate Court for re-investigation the matter.
Sec.210 Cr R.P.C.:--
Procedure to be followed when there is a complaint case and
police investigation in respect of the same offence. (1) When in a
case instituted otherwise than on a police report (hereinafter
referred to as a complaint case), it is made to appear to the
Magistrate, during the course of the inquiry or trial held by him,
that an investigation by the police is in progress in relation to the
offence which is the subject-matter of the inquiry or trial held by
him, the Magistrate shall stay the proceedings of such inquiry or
trial and call for a report on the matter from the police officer
conducting the investigation.
(2) If a report is made by the investigating police officer
under section 173 and on such report cognizance of any offence is
taken by the Magistrate against any person who is an accused in the
complaint case, the Magistrate shall inquire into or try together the
complaint case and
the case arising out of the police report as if both the cases were
instituted on a police report.
(3) If the police report does not relate to any accused in the
complaint case or if the Magistrate does not take cognizance of any
offence on the police report, he shall proceed with the inquiry or
trial, which was stayed by him, in accordance with the provisions of this code.
Or you can file a Writ of Mandamus in High Court for inaction of Police:
Under following circumstances mandamus can be issued :
Petitioner must have a legal right to the performance of a legal duty. It will not issue where to do or not to do an act is left to the discretion of the authority. It was refused where the legal duty arose from an agreement which was in dispute. The duty to be enforced by a writ mandamus could arise by a provision of the Constitution or of a statute or of the common law.
The public servant duty must be of a public nature. In The Praga Tools Corporation v. C.V. Imanual, A.l.R. 1969 S.C. 1306 and Sohanlal v. Union of India, A.I.R. 1957 S.C. 529: (1957) S.C.R. 738 the Supreme Court stated that mandamus might under certain circumstances lie against a private individual if it is established that he has colluded with a public authority.
Renu Chaudhary
(Expert) 27 July 2013
file an application before court and ask the status report, court may pass an order to police to file status report
R.K Nanda
(Expert) 27 July 2013
nothing to add.
dr g balakrishnan
(Expert) 16 October 2015
Purpose of private complaint before magistrate hit the road block.
Problem today i read of spl CBI court on 2G Spectrum case where SC directed CBI inquiry simply worked against right people not the real wrong doers.
I suggested, that CBI need to pay to the spl court for its court time loss due to police shoddy misdirected false implication of people who did not do any wrongs but prosecuted but hon court was good enough to acquit them by court's sincere hard work to correctly find out if the accused are tested duly by relevant documentary evidence which never proved their complicity, as 2G spectrum is much earlier to pre 2001 minister (late) promod mahajan days..that clearly indicated CBI is not doing proper investigation is brought to light....when so how would you expect pvt complaints would work is any body's guess.
A pvt complaint if it could take three years still not seen the light of the day, adequately proves to help our police is either corrupt or extremely over burdened, facts indicate both aspects,
therefore do settle most of the issues by conciliation or mediation methods as your governments are looking for their own comfort zones, definitely not going to look after you is indeed a fact.
If people do not as voters are not to be firm on members of legislatures (MLAs) definitely they would not care you as a human being. All these aspects you can insist only on voting time only Else like Luknowkigadi nikalgaya story it is.
You need move u/article 226 r/w 227, 14, cr. p. c. 190(1),173, 210 seek a judicial review on all private complaints filed before jurisdictional magistrates/both (provincial/metropolitan), that might get some relief.
This review is a must sec 125 issues are just scutlled by police failing to take FIRs or filed under sec 190(1) as private complaints, as many old senior citizens , hapless wives, children n so on
that might perhaps help issues like your now.
Do not lose time is my caution.
Writs are not costly compared to civil or criminal litigation
Move fast.
