P.O. in complaint u/s 138 NI Act/FIR 174 A IPC
vinod bansal
(Querist) 07 September 2010
This query is : Resolved
R/Experts
In my complaint u/s 138 of 138 NI Act,accused never come present before court and ultimately find no other way after NBW and proceedings u/s 82/83 Crpc,court declarte him proclaimed offender and it was also mentioned in the order that copy of this order be also sent to SHO Police station for further proceedings of 174 A IPC,I dont know whether copy was sent to police or not,now i have sent a RTI to Police asking that how many times police had raided at the house of accused to arrest him and why police has not registered FIR u/s 174 A IPC against accused (PO)but police has replied me that being pvt complaint they are not supposed to /bound to register FIR. 174A IPC.Police is right or wrong in this situation.Whether it is relevent for registration of FIR that case should be a State case not pvt crl complaint.Kindly advice.Thanx
Ajay Bansal
(Expert) 07 September 2010
CASE U/S 174A CAN ONLY BE A STATE CASE AND NOT A PRIVATE COMPLAINT CASE.
bhupender sharma
(Expert) 07 September 2010
the section 174 -A does not differencite at all the state case and the compliant case u are supposed to move the another R.T.I. and ask the police authority in how many state cases u have registered the FIR under the relevant provision. Moreover u may move an appropriate appliaction to the concerned magistrate for not obeying the orders of the public servent under section 166 of the IPC.
virender
(Expert) 07 September 2010
insted of trying with the police just take the certified copy of the order declaring the accused p.o and contected some police offical known to u and get him arrested and u can also arrest him ur self if u want but it may prove risky
Arvind Singh Chauhan
(Expert) 08 September 2010
Why don't you file application before court for the compliance of it's order or to take proper action for noncompliance of the court's order.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 September 2010
All the opinions are alright but in practice defficult to move police administration unless you find actual address.
Raj Kumar Makkad
(Expert) 04 November 2011
Provision still exits to lodge FIR against such person but definitely one requires address of absconding accused. Meanwhile file a civil suit and get attached properties of such accused under order 38 rule 5 of cpc.
