Police closed my case and asked to file fresh application to file fir
arunan
(Querist) 02 November 2015
This query is : Resolved
My car was damaged by a person "A" taken while test drive. I informed to police about accident and incident police refused to take up my case after 2 days i approached ACP my case was registered but not FIR by SHO Mr A the offender accepted the crime and gave writing to police that he shall replace the damage in same brand car showroom. Mr A took my car repaired at unauthorized dealer. I requested SHO/PSI my complaint was to get relief by serviced in same brand car showroom. PSI ordered Mr A to do as per estimated bill given by car showroom. i surrendered my car to showroom gave work order, police took in writing from to help with insurance i compiled with my words. Insurance company denied of payment coz car was repaired in unauthorized and now the offender Mr A didnt revert to showroom nor payed the amount the other side police also closed closed my case and i demand for FIR now police asking for a fresh complaint to register FIR, v intimated to ACP about this but ACP also didnt reply to us what shall i do @ this stage legally to court under fundamental rights,
Another interesting Fact is prima facie of the case given in compliant is car must get replacement in same brand showroom. The complaint ACK given by police also stated as car is replaced in same brand show room,later when v asked about it they said its typing mistake the original complaint stands to be valid not the ACK given by police
Devajyoti Barman
(Expert) 02 November 2015
Well, if the police does not act on your complaint you can move a petition before the Magistrate for registration of FIR u/s 156(3) crpc.
However if you are not compensated by the insurance company the police can do nothing for which you have to move to consumer forum.
So act accordingly.
arunan
(Querist) 03 November 2015
any of the Learned Counsel suggest a simple way file this issue in supreme court thru online which saves my time i have difficulties in the part of attachments wat all to be included for this case
P. Venu
(Expert) 05 November 2015
From the facts stated, there is no element of crime involved. You need to pursue civil remedies.
No fundamental rights are involved. Hence Supreme Court or High Court will not entertain your petition.
