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Krishna (na)     24 June 2012

Dp 3 - police not responding

Hi Experts,

I had filed a complaint to police U/s 3 of DP Act and follow up with RTI. I received letter regarding transfer of my application but till date the concern department not provided any information about the ATR and FIR Status. Should i file first appeal or approach court u/s 200 and filed complaint case.


Thanks..



Learning

 2 Replies


(Guest)

As regards your complaint u/s 3 of Dowry prohibition Act is concerned on which you have received letter from police about the transfer of the same. You kindly check the status of the same with police authorities to whom the complaint has been transferred. If the F I R is not registered by Police, you can file application u/s 156 (3) of Cr. P. C before Magistrate alleging the series of incidences taken place and then submitting that you preferred an application/complaint with police authorities on which you received an intimation that the complaint was transferred. Howsoever, the no action was taken on the complaint and no offence ever came to be registered by the police authorities as against the delinquents/accused persons. As such court , If the court prima-facie finds there is an offence the court can straight direct for registration of FIR against the accused persons. However, if the court proceeds for conduction of enquiry and calls for a report to that effect, the court will take cognizance on the same and can direct for registration of FIR. If the police submits a report that no such offence took place, the court will record evidence of complainant u/s 200 Cr. P. C and as well witnesses and as well u/s 202 of Cr. P. C and register the complaint/appliucation as private complaint and will issue process as against the accused persons.

1 Like

Vipin Kumar Marya (Advocate)     26 June 2012

Mr. Mayyar has rightly advised in short and good manner.


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