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smishra (DM)     26 January 2011

Non Registration of FIR-Urgent

Original complaint is about Fafamau Police Station refused to register FIR against another police one Mr. M V Gupta who is alleged to have extorted Rs. 50000/- money for the complainant on 01.05.09 for not arresting him in a cheating case for which he has obtained anticipatory bail. It's a case of non-registration of FIR by police station. Complainant has filed a writ petition before Hon'ble Allahabad H C after being turned down by Superintendent of Police also.

What should be line of defence for Mr Gupta. Can you help me with some similar case laws.



Learning

 4 Replies


(Guest)

simply he say he has not received the money.  only for vengeyance the complaint has been lodged against him. 

1 Like

smishra (DM)     26 January 2011

Any similar case laws

Advocate. Arunagiri (Advocate High Court Madras.)     26 January 2011

Under the circumstances you have two choices.:-

You can file a private complaint u/s 200 cr.p.c before the jurisdictional magistrate. The dismissal of the writ will not affect the private complaint.

or

You can give a second complaint based on the same cause of action, but with additional information and proofs.

1 Like

neeraj chawla (advocate)     01 February 2011

go for the sword of protest petition.


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