police investigation u/s 156(3)crpc
R.SHAH
(Querist) 09 March 2011
This query is : Resolved
DEAR EXPERTS,
i have filed private case of before magistrate, and same was order for police investigation and report u/s 156(3) crpc.
police was carrying out invetigation slowly and unseriously, wherein i was helping them out of my busy schdule and visiting oftenly to see progress and filing of report. witness from my place has only orally verified and visited to one accused place where they found my things. police has extended one date of court for filing report. and now i feel from there beghaviour they will take another date from court. it was probably 45days after court order. in actual my first complaint date was nov 2011 i approcahed to court after no reponse of police to my written complaint. i feel the accused persons are using there influences and police are not fast in investigation or they might be looking for bribe from my side too.
kindly
1. advise how to make police to investigate matter fast and file report to court at soonest in legally ways.
2. is possible from my side to mention court to asked police for filing report soon.
3. is there any legalways to make process speedy from the police.
yours valuable suggestions are highly appreciated. a waiting for reponse.
Arvind Singh Chauhan
(Expert) 09 March 2011
Court can't interfere in investigation. You have only following options-
1. If police files Final report you can request for further investigation. Or may file protest application against it and pray to court to treat it as complaint case.
2. Otherwise you may apply in High Court to transfer the investigation to other agency.
Sarvesh Kumar Sharma Advocate
(Expert) 09 March 2011
1. advise how to make police to investigate matter fast and file report to court at soonest in legally ways.
-file an application before the court to get progress report from the police station!
demanding progress report is yr right.
Sarvesh Kumar Sharma Advocate
(Expert) 09 March 2011
2. is possible from my side to mention court to asked police for filing report soon.
no,not at all.
court can't bound police to hurry in investigation.
however if u feel lazyness by the invetigation side then u cn change investigation by higher authority of the police.
Sarvesh Kumar Sharma Advocate
(Expert) 09 March 2011
3. is there any legalways to make process speedy from the police.
i think no direct way!
writ before high court can be a option,
just try.
Raj Kumar Makkad
(Expert) 09 March 2011
Sarvesh has already told you proper procedure in installments. I do agree with contents of those installments.
R.SHAH
(Querist) 10 March 2011
THANKS LOT.
sirs, here i would mention u all is that, i hav filed complaint case before magistrate and one of the prayers was investigation u/s 156(3), and magistrate passed order is call report u/s 156(3).
police upon recieved recipt from court taken my statment and write it down in plain white paper and took my sign.
under such applications,
1. police will only filed report after taking written statment of complainant,accused,witness on plain white paper.
2. police has to first registered FIR or what's call C.R. then they will investigate matter or without registering FIR / C.R. they invetigate case.
3. they wont arrest accused during investigation.
4. i hired a private vehicle as transportation to visit accused place, as per police they need transportation. is complainant has to arrange transportation or police vehcle they has to take.
5. as per my above complaint case, if police file any report which disqualified my allegation, then i can request the court to treat my complaint case as complaint. the provision allows that. as i have not mentioned any section under which i have file complaint case.
6.what happened if complainant/accused hide/wrongly mentioned or not disclosed his one personal thing which is not at all related to the subject matter of case.
7. is the persons appears before police to witness his/her version is compelled to state his/her personal status related things to police, what to do if police persisted just to support accused, upon accused false allegation.
8. how to avoid such question which relate to his/her personal things which is not part of matter of investigation.
your valuable suggestion is higly appreciated.
thanks in advnace.
jitendra narain sinha
(Expert) 11 March 2011
File a protest petition if the police has registerd a case on your complaint sent by magistrate u/s 156(3)cr.p.c.
R.SHAH
(Querist) 19 April 2011
dear sirs,
i have filed an application before court for progress report from p.s. on 2/4/11 court has issued show cause notice to p.s. and order is hand deliver to sr. p.i of p.s. yesterday 18/4/11 p.s. file report u/s 156(2) in negative for my both case i.e. u/s 380,406&34 of ipc and u/s 209,210 of ipc against mmy ex-wife.
both report given is vague and after going thru it was shocked that police has not understood the complaint / case and reason given is bad. which showed that p.s. under influced of accused persons has submitted report to save them. however, matter is kept for argument.
my question is :
1. whether this case can be convertd directly into private complaint case, as sufficent evidence /documentary proof is laready enclosed.
2. the p.s. has not recorded my eye witness of offence infront of them, the theory in report seems to be they have written by their own understanding. can this be a stand to fire back police, my witneses urge to police to record their statement but police said give in court etc..
3. will the court after convinced directly issued the process against accused person.
4. police report show the investigation was not done properly and they not understand the case u/s209,210 ipc.
5. what point i can raise in the argument i feel to file written argument before court. from police side cpurt prosecutor will do the arguments.
6. what is protest application and arguments in after police filing report in negative.
7. which one is left for me argument or protest application to be filed under this circumstance.
8. how can i recover my articles / belongings from accused persons, what rememdy is left to me to get back my belongings. now police shows their color of corrupt and wokr under accused influence and won't recover my articleas.
yours timely help and additional adivse above than my asked question would be a great help.
thanks
R.SHAH
(Querist) 20 April 2011
KINDLY ADIVSE ON MY POST.
