ipc 336

Querist : Anonymous (Querist) 25 August 2010 This query is : Resolved
(1)when attept ipc 336 on a person and what is punishment under this ipc?
(2)A army person on leave duration fired on some person for murder purpose by his owned lincenced gun (fired four magzine),he come on spot by bike but bike has driven by other person.in this matter police action under ipc 307,arrest this army person and bike driver but after police change action on ipc 307 to ipc 336 by received 20000/-by army person and remove name of bike driver from this matter?
what can take action against the police?can we comlaint against our police to our DGP ?
And is other way?

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Raj Kumar Makkad (Expert) 25 August 2010
1. Doing any act which endangers human life or the personal safety of others and punishment for this offence is only 3 month or fine of Rs. 250/- or both.

2. In the given matter, you should make representation to your DGP and all other seenior police officers and even if you dont get justice therefrom then file a criminal complaint before concerned judicial magistrate.

s.subramanian (Expert) 25 August 2010
Yes. I agree with Mr.Makkad. You also have the option to compel the police to regsiter FIR by approaching the High court for a direction to do so u/s 482 of Cr.P.C.

H. S. Thukral (Expert) 31 August 2010
Best course open to you is to file a private complaint before the Magistrate. There is no bar to filing a complaint before Magistrate while Police is also investigating the crime. The evidence collected by the Police can be perused in taking cognizance of complaint. Move an application under section 156(3) of the Cr. PC also for directions to Police.
High Court under section 482 Cr. PC would probably direct the petitioner to approach the area Magistrate in the first instance.

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