Registered the case
NOTTAM VENKATASAMY
(Querist) 04 October 2012
This query is : Resolved
ONE PERSON LOST HER CHAIN IN THE YEAR OF 2011 AT THAT TIME SHE GAVE A COMPLAINT BEFORE THE CONCERNED POLICE STATION AND GET THE RECEIPT.IN THIS MEANTIME SHE PREFERRED A COMPLAINT TO CHIEF MINISTER CELL BY POST,BASED ON THAT CM PETITION THE SAID POLICE OFFICIALS CALLED AND CONVINCED HER,TILL NOW THE SAID POLICE HAS NOT REGISTERD THE CASE.SHE ALSO HAVING ALL THE DOCUMENTS.
MY QUESTION IS SHE WANT RIGISTERED THE CASE
CAN SHE GAVE THE COMPLAINT BEFORE ANY HIGHER OFFICIAL?
OR DIRECTLY FILE A DIRECTION PETITION BEFORE THE MAGISTRATE,
IN CASE SHE FILE APETITION BEFORE THE JM, SHE CAN FILE 156(3) OR 200
THAT TIME WHAT IS THE PROCEDURE TO BE FOLLOWED,ANY MODEL PETITION AND WHO ARE ALL THE RESPONDENTS
PARTHA P BORBORA
(Expert) 04 October 2012
There is no model petition for any criminal case. You may file a complain case before the magistrate or may send the FIR to the Supt of Police through Reg Post as per the provision under Section 154(3) Cr.P.C.
kumar sachin
(Expert) 04 October 2012
rightly advised by partha saab
Nadeem Qureshi
(Expert) 05 October 2012
Dear Querist
no need to file any case before the court you should filed a RTI before the Higher officials of Police and ask them about the status of your complaint.
Feel free to Call
Guest
(Expert) 05 October 2012
The case seems to be old enough to get any result. Moreover, even if the complaint to the CM could not fetch any positive result, how any action after about one year could be expected to give any positive result? Even if the police gets the FIR registered now on direction or compulsion under the orders of the higher authorities or the court, nothing except the report/ result, as "untraced" can be expected from the police.
In fact, whatever needed, you could have taken speedy steps after the police declined to register FIR.
Now, after you get necessary information through RTI, as suggested by Mr. Naddem, it would be better if you request the higher authorities to revover the cost of the gold chain from the pay of the the incharge of the Police Station, who failed to discharge his duties wilfully by not registering FIR timely. Failing the authorities to take any disciplinary action against the incharge PS, you may file court case to recover the value along with damages for mental harassment from the police officers.
Arun Kumar Bhagat
(Expert) 05 November 2012
With due respect I do not subscribe the views of Mr. Dhingra. You send a complaint to Commissioner of Police/ S.P and in case if it does not yield result, you file an application u/s 156(3) Cr. P>C before the CMM/CJM (Magistrate) for passing a direction for registration of FIR.
