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Ketan (Finance Consultant)     25 April 2014

Is it necessary to file complaint in session court ?

There was a road side fight 3 weeks ago in Bangalore, karnataka and I was charged under section 341, 323, 504.

Police refused to take my counter FIR, despite MLC. So I sent mail next day with all details to Commissioner of Police and got a response stating "Email petition of Mohit Gupta is forwarded to ACP and DCP for action and report".

Is this enough as an FIR or should I go to session court for FIR?  Is 3 weeks too long a time for filing a FIR in session court ?

Regards.

 



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 April 2014

As per police commissioner instructions the subordinate officers have to take action to allow you to book the case and write the F.I.R. It is their duty to give F.I.R. copy to you and the same must be reported to the commissioner with their consent report.

Mahesh R. Sonawane (Lawyer/Fight for justice)     25 April 2014

"Email petition of Mohit Gupta is forwarded to ACP and DCP for action and report".

means still FIR is not registered,[ because if it is register  then certainly police authorities contact you as you are complainant]

Now u r required to approach before the Magistrate court for proceedings U/s. 156[3] of the Cr. P.C. for directions to police..

no necessity to approach sessions court..


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