ASHA KUMARI 23 June 2016
ASHA KUMARI 23 June 2016
I had prepared the complaint as in the attachment. But the police told that
Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 23 June 2016
Mam,
If police fails to register an FIR then file a complaint under section 156(3) of the Cr.P.C.
Warm Regards
Kapil Chandna Advocate
9899011450
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 June 2016
As per supreme court recent judgement that the learned Magistrate is justified in directing the Police to investigate and submit a detailed report within one month under Section 156(3) of the Code.
Pawan S (Advocate) 23 June 2016
If the police officer is not registering FIR under section 154 of Cr.P.C, then approach the superintendent of Police (SP), with a written application, under sub-section 3 of section 154 of Cr.P.C, 1973.
The SP may either investigate the offence himself or direct any other police officer to investigate the offence instead.
Yet if, police refuse to register FIR, or despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can approach Magistrate concerned under section 156 (3) of Cr.P.C.
Prima facie the draft copy of the FIR, seems confusing to understand your grievances.
First, determine what you desire-
1. Want to get your money back?
2. Want your husband back?
3. Wants your husband to get punished?
To proceed with point 1 & 3 , first you need to find the husband. Thus, I suggest to lodge FIR stating that your husband is missing. Then, once you find your husband, clarify the things with him.
After that, if you desire to proceed with point 1 or 3, then proceed accordingly.