Private complaint.
pushpakrishna
(Querist) 30 January 2014
This query is : Resolved
Dear Seniors/Experts,
three persons filed a complaint against two persons regarding cheating to the SHO(Polic station) but the police did not registered the case as the Accused are very influential. as such i filed a private complaint at JMFC u/s 420 of IPC. the Judicial Magistrate of First Class refereed the matter to the Police SHO on the day it self when the matter referred to the police.4 months over the police did not issued FIR though many efforts made to the police.the police saying today and tomorrowunder these circumstances can i file a memo to the Magistrate for sending the reminder memo to the SHO to know the Status of the same?kindly advice in this regard.Thanq for ond all in advance..
Devajyoti Barman
(Expert) 30 January 2014
Is any petition u/s 156(3) id filed ? If yes then FIR is bound to be registered.
In private case there is no system of registering FIR.
Rajendra K Goyal
(Expert) 30 January 2014
Agree with the expert Devajyoti Barman ji.
Advocate. Arunagiri
(Expert) 30 January 2014
When a private complaint is filed before the magistrate the magistrate is having the following powers:-
1. take it as a private complaint on file
2. Order enquiry u/s 202 cr.p.c.
3. Direct the police to register FIr
4. Reject the complaint.
Once the magistrate refers any complaint the police under 156(3), the complaint itself transgers as FIR. the only work to the police is to give a number (mere clerical job), they do not have power to refuse to register the FIr.
any how you can bring it to the magistrate, by way of memo or oral representation.
pushpakrishna
(Querist) 30 January 2014
thanq very much experts for your valuable guidance. it is very useful to the juniors like me.thank you once again .
Raj Kumar Makkad
(Expert) 30 January 2014
I fully agree with the wise advice of Advocate Arunagiri.
Biswanath Roy
(Expert) 01 February 2014
The problem is not uncommon now a days. One of my junior filed a private case in MM Court at Kolkata for commission of perjury, forgery and fraud against some persons who are influential people and have some connections with political leaders. Inspite of the direction of the Magistrate u/s. 156 (3) Cr.PC.to register the case as F.I.R and to enquire and report police sat tight over the matter for long three years and harassed the client of my Junior. Then I advised my Junior to move an application in the Calcutta High Court under Article 226 of the Constitution of India. On receipt of legal proceeding u/Article 226 of the Constitution of India Police surreptitiously and behind back of the complainant submitted purported report and mislead the court on the ground of jurisdiction and could able to transfer the case out of the State. Then I advised my Junior to proceed with u/s. 200 Cr.P.C.which was not properly dealt with due to lack of experience of my Junior and disposed by ACJM without any application of mind and made it a fit case u/s.401 Cr. PC. which is now pending in the High Court. Hope the statement of my experience in this context may be of little help to the Author and my Learned Experts.
Advocate. Arunagiri
(Expert) 01 February 2014
It is not possibble register a private complaint for a perjury.
In case of perjury, the court, during whose proceedings, the perjury committed, alone is having the power to inquire in to the offense. s.340 cr.p.c.
Biswanath Roy
(Expert) 01 February 2014
I simply stated my bitter experience gathered from a criminal case to share the same with my learned experts of this forum. Although I do agree with your views Mr. Arunagiri yet if we disclose what we are experiencing in the present days about police activities it may help my learned brothers to enrich their knowledge.
pushpakrishna
(Querist) 24 March 2014
dear experts,
in the above matter complaint made the station house officer for cheating and fraud but the station house officer did not registered a case nor issued FIR.hence the complainant filed a private complaint before the Judicial Magistrate of first Class. then JMFC Court refereed the matter to the police on 04-09-2013 and received by the police station on the same day. (every thing is in the records)despite repeated requests made by the complainant at last on 01-03-2014 the police issued an FIR stating that complaint DATE is 01-03-2014 against the Accused.The Accused is very power full in all MANNERS .besides that the police is threatening that the case is CIVIL in nature and we report to the JMFC sending the FINAL report. it is learn t that the accused paid huge amount to the police but expecting some amount from the complainant as there is ample documentary evidence to show that accused is cheated and fraud. hence i request you all the experts ADVICE in this regard to have justice. THANK you all in advance.
pushpakrishna
(Querist) 12 July 2014
Dear Experts,
Kindly guide on the above matter with detailed advice.
Thank you in advance.
Biswanath Roy
(Expert) 12 July 2014
After registering FIR in a cognizable offense if the Police does not act in accordance to law as enjoined upon them in that event the complainant has to draw attention of the higher authorities of Police for inaction even after that if the complainant find that his effort for accelarating the matter failed then he can file a Writ of Mandamus in the High Court for appropriate direction and relief and redress.
Raj Kumar Makkad
(Expert) 12 July 2014
Even if the police submits its zero report, the court shall send you notice and in that event, you can persue your complaint.
pushpakrishna
(Querist) 02 November 2014
Dear experts,
The police submitted a report stating that the matter is civil in nature but ingredients are clear that it is a criminal case,after receiving a copy of the report from the police we filed protest petition before the court. two years over but we did not received any notice from the court since then. kindly advice on the matter.Thanq.
