Superintendent of police refuses to take action

Since the police officers have been writing to the court saying that they do not have jurisdiction, and it is still not conclusively decided, if your case is really so serious worth spending money and efforts then you may approach the High Court for directing the police to investigate the matter citing the ground that the police officers are not obeying the orders of the local court. The High Court has sufficient powers under law to compel the police to investigate even if they don’t have jurisdiction or it may ask the appropriate police station to do so. You may mention what the SP had to say in your petition, but you may find it difficult to substantiate those allegations. So, it may be advisable to avoid unnecessary allegations in your petition and you should perhaps concentrate only on the legal issues to resolve your problem so that investigation could begin on your complaint.

As an alternative, if you already have sufficient material in your hand, you may also consider directly filing a private complaint in the court and pursue it through your advocate directly as a private complaint case (without police help), instead of first asking for police investigation under Section 156(3) Cr.P.C.

Dear Mr. Ashok ji,

Thank you for your response, and I am sorry as I missed to mention that Court has already concluded on jurisdiction and ordered I/O to commence investigations without looking into jurisdiction. But the issue is Police has not started investigation. I have come to know that, generally under IPC 420 cased they get good amount as bribe which I cannot pay as it is something allergic to me. In fact, my counsel has advised me to pay certain amount to PSI & see how they do it.

Secondly, I wanted to know whether there is any provision within legal system whereby court can initiate proceedings against the culprit (which my counsel should have concentrated and requested the court). To this question you have confirmed that YES there is provision within law. If so, under which section court can initiate proceedings?

Next question is.... though I should limit myself to getting my issues resolved but how can a responsible officer like SP can talk nonsense about Judges???? and why not such irresponsible officers be brought to books, and force law to strip them off, in the larger interest of society?

I firmly think such irresponsible officers are indirectly promoting crime.

I would say in the matter concerned to have consulted a High Court lawyer to deal your material technically, thank you.

If the police has already registered the case, but have not started the investigation, then you may wait for some reasonable time period, since there may be some delay on the part of the police due to their deliberate lethargy / inaction or due to negligence or due to overwork. After a reasonable period of time, you may approach the court again with a request to direct the police to complete the investigation in a time-bound manner. If there is a deliberate gross delay or gross inaction, one can even consider making a request to the court for making a reference to the High Court for contempt of court against the defaulting police officer.

Answer to your second query is that the Magistrate has the power under Section 190 of Cr.P.C. to directly take cognizance on the basis of a private complaint, directly examine you as complainant under Section 200 Cr.P.C., and issue process to the accused under Section 204 thereof for proceeding against him. But, in such a case, you’ll have to prove your case as a private complaint case since the police would not be assisting.

If you have sufficient time and energy, you may pursue the matter against the SP by making appropriate complaint to his superiors, or bringing them to the knowledge of the Magistrate court, or also to the knowledge of the High Court by way of an appropriate writ petition. However, you must have some evidence to support your allegations, otherwise merely certain oral observations made a few months back may not be found sufficient (since, then it will be a case of your words versus his words, both spoken, without any substantiating evidence).

Dear Ashok ji,

Thank you and as of today Police hasn't registered any complaint. They have simply ignored court direction. Today when my brother shown them copy of court directive, they said they have not received it which nothing but plaint lie. As per court records, somewhere in March, court has once again sent reminder but they have not turned up.

Regarding action against SP, yes it is mere talks only. If I knew of such kind of response and intention to punish SP, would have carried recorder. Having said that, for the first time I came to know that our country has this kind of useless high-level officers.

Anyway thanks again.

In that case I think you must move the High Court under 482 Crpc

Regards

Chetan Joshi

From what you have written, if the police has not registered even the case so far when the direction / reminder was given 4-5 months back, then I think it is a clear case of contempt of court. You can move the Magistrate court for making a reference to the High Court for contempt of court against the concerned police officers under the relevant provisions of the Contempt of Court Act. Alternatively / additionally, you may also move the High Court for seeking direction to investigate or file a private complaint in the Magistrate court as mentioned in my earlier message.

@Shivayogi, what you have stated about the cops is absolutely right. Earlier there were very stray cases of police inaction on the private complaints, whereas in the present days, it is not an isolated incidence but order of the day. The police will not take any interest in the dry areas like directions from court etc. Most of the police personnel do not obey the court orders be it for witness or court directions on private complaints.  The SP's behavior is not a strange issue, as a matter of fact the corruption is on the high on the top level only.  The top level cops consider themselves as next to God and are very ruthless towards the pathetic issues.  However, if they are being looked after very well in other sense, they will run behind getting you relief even over sundry issues.

Now,, you may file a private complaint before the court u/s 200 Cr.p.c. for taking cognizance of the offences punishable u/s 420 of IPC against the accused directly owing to the inaction of the police on your complaint.

Yes, private complaint under section 200 CrPc is appropriate, not the High Court at this stage.