Sec. 156(3) of crpc or State Police Complaint Authority
Amit Joshi
(Querist) 24 April 2019
This query is : Open
Hello, myself Amit Joshi. I have given written criminal complaint to police station about a crime that was happen under section 420, 468, 34 of IPC along with supporting documents as evidence. Complaint clearly shows that cognizable offence has happened. But Police did not file FIR about the same and they told me that your case is civil case and as you are already filed civil suit about said property then you can't file criminal complaint simultaneously to police station. And they have given same to me in writing along with their stamp and signature and said orally to go court under section 156(3) and get order from court then they will file FIR AND investigate.
Therefore in July, I filed complaint u/s 156(3) to court but in August 18, court has taken cognisance in sec. 200 of crpc(private case) rather than to treat it as 156(3) and order police to file FIR.
Therefore, I approached session Court (higher authority) for revision. And such revision petition is currently pending before that court as on April 2019 because notice is not served to opposite parties till.
Meanwhile, one of the party against whom I filed criminal complaint to police station has filed false FIR against our family under SC ST (prevention of atrocities) act, in that false FIR we got anticipatory bail from court but immediately after 2 days of giving anticipatory bail by court that person again filed false FIR against us. Then we again approached court, and again court has granted anticipatory bail to use. But while grating bail to us court has required us to attend police station daily for one month. I father is 70 years old and I am currently pursuing CA final exam it is like mental and physical harrasment to us. We are plaintiff and we are required to attend police station daily.
During this period, I have searched internet about false FIR and what to do if police not file FIR and then I come to know about state police complaint authority and state human rights commission and their rights about non filing FIR. I live in state of MaharashtraI and want to ask you following
1) Can I now complaint to "State Police Complaint Authority" about Police not filing FIR where my complaint clearly shows cognizable offence has been happened while Revision petition is currently pending before session court ?
2) Can I now complaint to "State Human Rights Commission" about Police not filing FIR where my complaint clearly shows cognizable offence has been happened while Revision petition is currently pending before session court ?
Thanks in advance.
Guest
(Expert) 24 April 2019
File a Private Complaint in the concerned court of concerned Police station and it would be taken care and better to seek the assistance and guidance of local good Senior Advocate of your place
Dr J C Vashista
(Expert) 25 April 2019
You have already engaged an able, competent and intelligent lawyer for pursuing / contesting case(s), have faith in him/her and proceed as guided. There is no need/ further requirement of any guidance and obligation of experts on this platform, which may contradict with your lawyer (since it would be based on limited facts as provided by you) and spoil your case or his/her strategy.
As observed from the facts posted by you your lawyer is on the right track and proceeding as required by law, even if you are not satisfied you may change him/her immediately.
No one can stop the accused to lodge any number of counter-complaints, whatever possible to frame you to put you defensive.
Did you report the matter (your complaint) to higher police officials before moving in the Court u/s 200 Cr PC as termed by you to be "State Police Complaint Authority"? You may approach any other authority available to you, no one can restrain you.
Amit Joshi
(Querist) 25 April 2019
Can I apply to higher authority of police now (like superintendent of police) when the case is pending before court u/s 156(3)?
