sunil (prop) 19 August 2016

F.i.r. not registered

Dear Ld. Friends

Here under is a complaint letter but Police is not registering FIR. What would be the reason of refusal? Is there any fault in the complaint letter? Please suggest what next step should be taken by the complainant?

Thanks

To,

Officer-In-Charge

*********Police Station, ******** Division,

Kolkata - 700 ***

Sub: Police Complaint for Forgery, Fraud, Cheating, Criminal Conspiracy, Breach of Trust, Criminal Intimidation and Perjury.

Accused Person: ******* ***** S/o ******* ******* Address: ************ ****** Res: ****** ******** Street, PS:XXXX, & his Associates.

Dear Sir,

Please register our formal complaint and file F.I.R against accused ******* ****** & his associates under the appropriate sections of IPC for Forgery, Fraud, Cheating, Perjury etc. and investigate the matter immediately.

This is to bring to your notice that vide letter No. XXXX/XX/XX/XXXX dt XX.XX.2016 Sri X X XXX, XXXX (Internal Ombudsman) XXXXX Bank has noted that:

Quote “In the meantime, XXXXXX Branch took up the matter with the then Branch Head Sri XXXX XXXX to comment upon the issuance of the purported letter dated XX.XX.2014 to which Sri XXXX replied “I do not remember to have issued any such letter”. XXXXXXX Branch vide its letter dated xx.0x.2016 informed you that subject account is represented by 4 partners and advised you to send the original letter dt.XX.XX.2014 for further examination and commenting upon its authenticity.” Unquote

Quote “On XX.XX2016 Sri XXXXX XXXX informed Sri XXXX XXXX, Chief Manager and XXXX XXXX, Branch Head, XXXXXXX Branch that original copy of the letter dated XX.xx.2014 was with him and he had submitted the photocopy of it in some court case. However, he declined their request to show the original letter.” Unquote

expressing bank’s limitation to compel Sri XXXXX XXXXX to co-operate and supply original document i.e. the impugned “To Whom it May Concern” letter dt. XX.XX.2014 for further investigation because only the law enforcement agencies have a right to do so under the IPC and/or CrPC.

Genesis of the Occurrence

In the Court of City Civil at Calcutta, before the Ld. XXX Bench, a written objection was filed on XX/XX/2016 by the Defendant / Respondent No. 2, XXXX XXXX S/o ***** ****** against the Interim Injunction orders passed by the Ld Court in civil suit No. TS/**** of 2015 filed by Plaintiffs/Petitioners Sri **** ***** and Sri ***** *****, both heirs of ***** **** (deceased) and partners of the ****** ***** firm having a current account with ***** Bank, ******* Branch.

The said Respondent No.2 ******* ********, happens to be a relative and a partner of said ****** ******* firm submitted a “To Whom it May Concern” letter dt. **/**/2014 by annexing a Xerox copy of the said letter dt. **/**/2014 marked as annexure “A” allegedly issued by ******* Bank, ********Branch, Kolkata to falsely establish that both Plaintiffs/Petitioners have resigned from the said firm.

Being aggrieved by the falsehood of the statement and sensing the deep criminal conspiracy and suspicion on the genuineness of the impugned letter dt. **/**/2014 we lodged our complaint vide letter dt. **.**.2016 to The Manager, ****** Bank, ****** Branch with a CC: to Commissioner of Police, Kolkata by email.

******* Bank, ****** Branch replied vide their letter ref No. XX/XXXX/XX dated XX Mar, 2016 for which we again wrote on dt. XX-XX-2016 to General Manager (Customer Grievance Redressal Cell), XXXXXXX Bank, Head Office, XXXXXX XXXXXXX, Kolkata-700001 with “Sub: Initiate Investigation – How False Information endorsed by your Dept” with a copy to Commissioner of Police, Kolkata by email.

On Apr XX, 2016 Commissioner of Police, Kolkata replied and forwarded the case vide Sl. No. XXXX/04/XXXX/16 to The Deputy Commissioner of Police, XXXXX Division, Kolkata for necessary action.

We pursued the matter for its logical conclusion resulting in lodging of a formal offline complaint No. XXXXXXXXXXXX dt. XX.xx.2016 by XXXX(Internal Ombudsman) XXXXXX Bank.

Allahabad Bank replied by letter ref No. XX/XXXX/86 dt. XX/xx/2016 and the latest concluding letter No. XXXX/XX/XX/2016 dt XX.XX.2016 as referred above.

Forged Document used with criminal intention

The document, the said impugned letter dt. XX-XX-2014 has been manufactured with false information especially with respect to resignation of partners from the said XXXXXX XXXXX firm by using Bank Stationery, Signature of senior bank manager & Bank Seal but having NO record of the same with the alleged issuing party, the XXXXXX Bank. It appears without any doubt that the document is forged with criminal intention to misappropriate the properties & funds of XXXXX XXXXXX and to deprive the legal heirs their rights.

It is pertinent to disclose that the accused XXXXX XXXXX is a serial offender/fraudster. He fraudulently sold the land/property of XXXXX XXXX at Village:XXXXXXX; Plot No. XXX, Mouza: XXXXX, Dist: Burdwan, WB by making a false statement that our forefather Lt. XXXX XXXXXX was bachelor and without heirs when he died in the year 198X. A charge sheet has been filed in Gr. Case No. XXX/15 arising from FIR Case No. XX/15 Dt. XX/XX/2015 u/s 420/406/467/468/471/120(B) PS: XXXXXXX, Burdwan, WB in the Ld. Court at Durgapur, WB against Accused No. (1) XXXXXX XXXXX and he is presently out on bail.

This is a serious matter of Forgery, Fraud, Cheating, Criminal Conspiracy, Breach of Trust, Criminal Intimidation and Perjury. As such, I am seeking your immediate attention to initiate appropriate, swift investigation and strict criminal proceedings in this matter to bring the fraud to its logical and just end.

Please provide a copy of F.I.R. at the earliest.

Thanking you,

Yours faithfully

(XXXX XXXx)

CC: Commissioner of Police, 18, Lal Bazar Street, Kolkata – 700 001

CC: Deputy Commissioner of Police, XXXXX Division, XXXXX XXXXXX, Kolkata - 700 XXX.

Attached:

A) “To Whom it May Concern” letter dt. XX/XX/2014

1) Letter dt. XX.XX.2016

2) Bank letter ref No. XX/XXXX/XX dated XX XX, 016

3) Letter dt. XX-XX-2016

4) Bank letter ref No. XX/XXXX/XX dt. XX/06/2016

5) Bank letter No. XXXX/XX/XX/2016 dt XX.XX.2016

6) XXXXXX Charge Sheet - FIR Case No. XX/15 Dt. XX/XX/2015

Reply Follow

7 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 19 August 2016

Even if there was some material defauklt in the complaint letter, had the police had the intention of registering an FIR, they would have done it and corrected the flaws. Move an application u/s 156(3) before the concerned magistrate seeking registration of an FIR.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Vibha 19 August 2016

Police register FIR based on their whims and fancies.
Approach court as suggested by Adv. Augustine.

sunil (prop) 24 September 2016

After prolonged follow-up with the CP / DC; IO from local PS called after almost 1 ½ month to meet with OC in his chamber.

They verbally informed:

(1) The said Bank branch is under other PS and not in their jurisdiction as such file complaint in that PS (ignoring the fact that (a) the business place of the complainant falls under their jurisdiction (b) both places are under same DC as well under same ACJM)

(2) Citing 195 CrPC / 340 CrPC and Article 20 for not taking cognizance and asking to get order u/s 156(3) ignoring the fact that (a) it’s a matter of fraud & cheating and Perjury committed outside the Court (b) as per settled law PS is duty bound to register FIR for cognizable crime.

Citation: https://terminatorak.wordpress.com/2015/07/29/madras-hc-police-to-file-perjury-under-crpc-340-against-wife-for-filing-forged-documents/

https://indiankanoon.org/doc/35008260/

My question is:

a) How higher Police authorities can ensure that the OC / IO follow the law and the aggrieved person should not have to run from pillar to post?

b) Before going for judicial direction (156/3 CrPC) what other options are available to a aggrieved person?

Looking for your valuable inputs / directions.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 05 October 2016

Constitution Bench of the Supreme Court in Lalita Kumari v. Govt. of U.P [W.P.(Crl) No; 68/2008] held that registration of First Information Report is mandatory under Section 154 of the Code of Criminal Procedure , if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. The Supreme Court issued the following Guidelines regarding the registration of FIR. (i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. (iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.

1 Like

sunil (prop) 05 October 2016

Sir,

How to make IO / OC accoutable? Is there any way other than 156(3)?

Please advice.

sunil (prop) 07 October 2016

No offence intended.

Pratically I agree with you - In fact the real ground situation is "panga" and this forum is to find remedy - I believe.

Right is Might and knowledge of law can only accomplish that Right to a common citizen?

This is the only profession which can tame a monster within the four corners of rule of law.

If lawyers have to resort to "power of persuasion" in straight words “corrupt means” to avoid "Panga" than this pious profession has become a tool to harass innocent litigants only.

If there is no option left but to face the monster to get life ruined than time has come to seriously look with-in.

Sorry if hurting somebody’s sentiments.