In connection with 156(3)
Rishi Ahuja
(Querist) 13 September 2009
This query is : Resolved
Respected sir,
I filed a complaint with PS on 24-09-2008, request for registering FIR in DP3 and copy of the same is sent to Hon’ble CP, DCP and secretary, Min. of home affairs. When no action was taken by SHO, I filed a case in the hon’ble court u/s 156(3) for registering my
FIR. On the same day, the hon’ble court was pleased to pass the direction to the SHO to submit the ATR” To know whether any FIR has been registered or not”so further action is to be considered. IO submitted an ATR on 31-10-2008 as hon’ble court found that it is incomplete. So again on 24-2-2009, the hon’ble court was pleased to pass the direction to the concern IO to submit the complete ATR in person on 6-04-2009. But the IO did not comply the direction of the court even after the notice as well as four summons were issued to him to ensure his presence in the court. The IO had contempt the direction of the hon’ble court which was passed on 24-2-2009, 6-4-2009, 1-06-2009, 25-7-2009, 25-8-2009 and 01-09-2009. As NDOH was fixed on 5-09-2009 for IO to ensure his presence and also submit the ATR. On 5-09-2009 , IO attened the court and submiited the ATR, and NDOH was fixed on 3-10-2009 for the order. as the ATR submitted by the IO is factually incorrect and biased . May I have the liberty to file written reply of the ATR submitted by him. I have got an certified copy of the same and having lot of evidences. Kindly give me your valuable advice, I want to submit the written reply before the order is issued and how it is to be done. Any application is to be filed along with that.
With kind regards.
riven
deepak kumar
(Expert) 13 September 2009
i assume that ATR is action taken report. In this case it seems that FIR has been lodged and investigation is going on though it might not be in the manner you would have wanted. If you are not satisfied with the way investigation is being conducted please contact higher police officials and explain the situation. During pendency of investigation courts have a very limited role and they generally do not interfare with the investigation.riven
Legal Fighter
(Expert) 13 September 2009
now main things is the arguments which your counsel leads in the court. u may file written objections to ATR also. no other application is needed.riven
Raj Kumar Makkad
(Expert) 13 September 2009
Agreed with Deepak Kumar. You have no opportunity at this stage to file any written statement as it is neither maintainable nor required.riven
Adinath@Avinash Patil
(Expert) 13 September 2009
Rishi Ahuja,
If you are not saatisfied With investigation you can file your objections before magistrate.
If you are aggrived From investigstion you can file either Higher court or state goverment for appropriate orders.
there is one citation,
Om Prakash Chug v/s state of Hariyana & others. 2001 [6] SRJ page 482 it will help you.riven
Sarvesh Kumar Sharma Advocate
(Expert) 13 September 2009
author : Rishi Ahuja
Posted On
05 September 2009
Respected sir,
I filed an application for request to register the FIR in PS Lajpat Nagar on 24-09-2009. The copy of the same was submitted to the Hon'ble Commissioner of Police,Delhi, DCP South-East as well as to the Secretary, Min. of Home Affairs. As no action has been taken by the SHO Lajpat Nagar. Then after a week , I filed a complaint u/s 200 and 156(3) of Crpc in the Hon'ble court of Delhi on 01/10/2008 and The Hob'ble court was pleased to pass the direction to the concerned SHO to file the ATR on the same day(01/10/2009)and asked to submit the report on 21/10/2008.
On 21/10/2008, I.O did not submitted the report and asked for another ten day to submit the report and Next date of hearing of fixed on 31/10/2008. On that day I.o. submitted the report though it was incomplete, but the Hon'ble court accepted and and kept for consideration on 10-11-2008. On 10/11/2008, Hob' P.O. was on leave and next date of hearing was fixed obn 19/12/2008 for the argruments.ON this day, during arguments Hon'ble court asked for the copies of the judgement mentioned in the complaint and ask to submit the same on 27/1/2009.
On this day, we submitted the copies of the order/judgements and also arguments were heard and next day of hearing was fixed for the order on 10/2/2009, but the order could not be prounsed. and on 24/2/2009 hon'ble court told that he has gone through the file and found that status report was incomplete.Hoble court pleased to pas the direction to concern I.O. to submit the status report in person on 6-4-2009, but the I.o. didnot submitted the same , even after 4-5 summoned were also issued to ensure his presence. Lastly today 5-9-2009, I.O came
and submitted not only the false and fabricated ATR but allegation made by him are totally false which hurt me a lot. When I prayed the hon'ble court to permit me to protest the ATR submitted by I.O. As the arguments were also going on , I hope that he has not listen to my words and gave the next date of hearing for order.
Now tell me , how can i submit the written statement/reply along with evidances and other evidances to prove myself innocent in regards with ATR filed today. I want to file the papers before 3-102009, the order of Hoble court.
Secondly i want to file an application before the Hon'ble Commissioner of Police and Jont Commissioner of Police, Delhi regarding personal grievences, as the intentionally false and fabricated status report submitted against me by I.O , which hurt me a lot.
Request advice for further action.
with kind regards
on that time
i suggest u
dt-rishi ji,
u said in yr query "after a week , u filed a complaint u/s 200 and 156(3) of Crpc in the Hon'ble court of Delhi on 01/10/2008"
how u can get both remedies from court?
either u file 156(3)applicatn and wait for order of d court,
or u directly file 200 cr.pc. & treat as comoplaint case!
however , with d permision of the court protest can be filed u file all evidences with affidevit .
those applicatns u send to Commissioner of Police and Jont Commissioner of Police, Delhi regarding grievences is not a part of court it is official and may be dt u call by dm for explainatn.
plz. tell what happind dn?
riven
