Investigation by police
Thyagarajan
(Querist) 16 September 2010
This query is : Resolved
I have been taking counseling from Mr. Subramaniam and Mr. Harbajan Singh on procedures to be followed by the inspector of police on receipt of a complaint under heads FIR and Investigation. I had been advised that an investigation can start only after the police make a FIR and when the same rule was violated I made an appeal to the superior to the inspector, namely the Assistant Commissioner. Instead of calling for papers in this regards from the inspector the Asst. Commissioner deputed the same inspector to re0conduct the enquiry and answer my query why FIR was not made.
I have got a reply from the Asst. Commissioner forwarding the fresh enquiry report of the inspector that was almost same as the first report conducted without FIR. I was advised to appeal to Joint Commissioner of police if aggrieved.
Was the Asst. Commissioner of Police correct in deputing the same inspector who made the first report to answer my appeal? As no FIR was made in spite of appeal to Asst. Commissioner can I take he is concurring with inspector that no FIR should be made?
As Mr. Subramaniam suggested I will definitely approach the high court on section 482 Cr.pc in this matter but am only exhausting options before I approach the high court.
H. S. Thukral
(Expert) 16 September 2010
I have gone through your earlier query to contact the present post.
The power of investigation by the Police is unfettered. In the circumstances it is suggested that you file a complaint before the Magistrate and along with an application under section 156(3) of the CrPC for direction to Police to register an FIR. Alternately you can approach the High Court in a Writ(Cr)for appropriate directions to Police.
s.subramanian
(Expert) 16 September 2010
Dear Mr.Thyagarajan,
Do not wait anymore. Approach the High court immediately. You will get the relief at once. There is no need to wait. Teach a lesson to these police people for their lethargic attitude and wilful failure to discharge their lawful duty.Good luck.
Raj Kumar Makkad
(Expert) 16 September 2010
I do agree with the opinion of both the experts.generally police personnel adopt the similar illegal means and general public has lost its faith in the police administration. So move petition to High Court.
Satya Mani Tiwari
(Expert) 16 September 2010
You have not mentioned the type of complain made by you, may be the complian made by you is non cognizable in nature as such it may be the reason police has not found fit for registration of criminal case, if you think a cognizable offence has taken place and even then police is not intrested to register an FIR then as Mr. Harbhajan Singh has suggested you must file a compalin in front of the megistrate u/s 156(3)crpc then police will definately register an F.I.R. against the perpetrators.
Thyagarajan
(Querist) 17 September 2010
While searching for past cases in which judgments wee made on FIR , I stumbled across a Madras court order that took 120 Cr.O.P together and passed order how the police should act on cognizable and non-cognizable cases and in either case ruled File FIR first and then start investigation. The case was lodged under sec 482 Cr.P.C by litigants in Tamilnadu against Inspector/Commissioner of Police Coimbathore. The full Judgment can be got from judis.nic.in referring to one of the petition Cr.O.P No. 5368 of Madras High court passed on 4/10/09 . My case is on an offence committed by a builder under sec 418 IPC by not taking plan approvals before starting of a construction, knowing well his action will make me bear the cost of getting approvals to avoid possible demolition, which I am sure is a cognizable offence. This precedent case had not been challenged and it makes things easy for me to file a case under sec 482 Cr.P.C in the same Madras High Court. Hopefully the judgment will be used by experts of this club to advise the litigants.
Ajay Bansal
(Expert) 21 September 2010
I THINK IT IS BETTER TO FILE A CRIMINAL COMPAINT IN THE COURT AND GET SUMMONING ORDERS OF ACCUSED.
Thyagarajan
(Querist) 22 October 2010
A week back ,as I was preparing to go to high court, I got a call from one who introduced himself close to police officers and wanted me to invite him for a talk before I proceeded further. I did so and was frank in talk that police erred in the process of investigation. During talk I also realized he is an influential person from the credentials he showed and also that he is intending to bail out the affected party in case a FIR is filed. I told the person proof I had that for the offences committed by the party and how much I was monetarily affected to the tune of 1 lakh rupees. He wasted no time and contacted in mobile few people and agreed to get the amount paid to me and the reasons for committing the offences will be reconciled. The case was on breach of contract punishable under sec 418 IPC.
I could not believe still on what happened. Two days later the person came with other party with money and a compromise memo on offences committed. I accepted money and signed the memo.
I felt as though I won in two fronts one getting compensated for which I should have perused a civil case and the other getting the other party admonished with fine in criminal case. Hopefully other members feel that I have done the right thing
