Police In action/Non filing of FIR
TSBehera
(Querist) 31 March 2008
This query is : Resolved
I had gone to a police station on 2.6.2007 on a complaint on offences of Criminal Force ,assault and criminal intimidation coupled with forgery for the purpose of cheating.
I had taken two copies of complaint in writing ,one for giving to police station and other for taking acknowledgement from the PS.
The OIC refused to give acknowledgement on the copy of complaint and FIR U/S 154 of Cr.PC 1973 not registered by him ,however diary no was given orally.
Copy of complaint sent to SP by Regd.Post stating the facts.
Complaint case lodged on 6.6.2007 for offences stated (except for forgeries for which conclusive evidence was lacking,) with the Magistrate,but the Magistrate had asked for Police report u/s 210 of Cr.PC 1973 and the Police has not given report to Magistrate till now i.e even after 9 months .I have attended court in 6 dates so far and Magistrate is not taking cognizance of offence on want of police report.It has given two reminders to Police ,but police has so far not given its report .In fact it has yet to start enquiry.
In the mean evidence conclusive was gathered for the offence of forgeries too and another complaint case with other accused filed on 3.3.2008.Magistrate did not take cognisance or initiated 202 enquiry,but sent the compliant to Police Station u/s 156(3) of Cr.PC 1973 for investigation with a direction to register a GR Case.
Police is inactive even now.I have asked actions by police through RTI Act,bot no informations received so far and I have filed a third application leaving appeals etc.
I attend court in person who stays 1200kms away.I did not like to deploy advocate as I fear they (accused) shall horse trade them!I have bad experience of them in pasts too.
Kindly advise What to do?Visiting courts every month too travelling 1200 kms only getting dates as police is not giving report nor Magistrate is initiating 202 inquiry for taking cognisance!it is troublesome for me to think just to forget, that the accused wants or they are managing being influancials!
I have read law with related data bases judgements etc but not a LLB.
Kindly advise
octavious
(Expert) 31 March 2008
HELLO,
THE PROBLEM SEEMS VERY COMPLEX, I WOULD SUGGEST YOU TRY AND GET YOUR CASE UNDER WRIT PETITION DIRECTLY, MAY THEN THINGS START MOVING.
THANK YOU
OCTAVIOUS
