Srinivas (.) 09 November 2015

Is it compulsory police report in the court-private complain

Hi Sir, I have filed case in court on 03.12.2014 and court order for investigation and Police registered FIR U/sec 420,406,506 against accused on 17.12.2014 but till date police didn't arrest accused and didnt file chargesheet. I have filed Four RTI’s before police for status but Public information officer denying the information showing RTI u/s 8 (h). Please advise how to proceed with this and also I have filed Memo in court Two times in Court for speed up investigation but Police not arresting accused and not filing Chargesheet . Please advise shall I file Protest petition in the court without Police report if so Judge will allow. Is Police report compulsory in case if they delay intentionally. Please advise. Thanks for ur time

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6 Replies

Anil Agrawal (Retired) 09 November 2015

Why should police do its dity? MONEY WILL DO.

SAINATH DEVALLA (LEGAL CONSULTANT) 10 November 2015

GO THROUGH THE FOLLOWING CASE:

CRIMINAL APPEAL NO. of 2010

Judge(s): Tarun Chatterjee,Aftab Alam

Date of Judgment: Monday, January 11, 2010

M/S. MANDVI CO-OP BANK LTD. Versus NIMESH B. THAKORE

AND ALSO THIS LINK:

https://www.lawyersclubindia.com/forum/Summoning-on-protest-petition-16682.asp#.UNEjkuTO3v0

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 12 November 2015

Protest petition is only maintainable in case a closure report is filed, You must move under 156(3) and show the court the necessary grounds for arrest. After the recent amendment in the Crpc the arrestr of an accused in cheating cases is not mandatory. You mus show the court necessary reason to effect ther arrest.

Augustine Chatterjee

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BS Rangi (President) 15 November 2015

In similar case, SDJM on complaint from a senior citizen under Cr.PC 156(3), FIR (IPC 323,506)against accused was ordered on 20.09.14. On 2.10.14 Police lodged FIR and investigation commenced .Police completed investigation and wrote AKHRAJ and NIRSAN report by 28.11.14. But police held back AKHRAJ and NIRSAN report and did not submit in court.. We wrote on CM Window Haryana but nothing moved Police .Ultimately we decided to meet DGP and apprised him about non functioning of police at lower levels.He SPOKE to SSP /DCP on tele in front of us and he himself fixed timings of our meeting with SSP. Thanks to him and God bless such officers. File /closure report was moved within two days and complainant on directions of SDJM lodged Protest Petition.In our case a Regd Association(RWA) backs victim and in your case you seem to be alone.

Srinivas (.) 23 November 2015

Hi Sir, Bit confusion, 1) Please advise 'Is Police report compulsory in case if they delay intentionally'. 2) Witout Final Report can'nt file protest report in Court.Please advise. Thanks for ur time

BS Rangi (President) 23 November 2015

We did file an application before SDJM quoting Cr.P.C. 200-202 even before closure report of police .We took no asistance from an Advocate. Hon'ble Judge accepted application and fixed next date of hearing in Dec 2015.