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kirankumar (Part time Employee/ student of BL)     08 June 2010

Need Information

In 2009 we filed a private complaint u/s 385,307,352,506(2), 500 R/W 34 IPC Section 3 of DP Act. R/w 156(3) Cr.P.C

 

When we gone to the Police station with Witness. They listen to the witness and they took the Address of the Witness and said they will call us again. But at that time they did not taken any statement from the Witness.

 

They said they will call us again.

 

But they never call us.

 

The Police Created there own Witness Statement.

 

The Witness were well educated there is no signature on the Statement Recorded by the Police.

 

Recently Final Report was filed by the Police

Stating : The police send several reminders to the complainant

and the complainant did not responded so they said they were Closing the Case as Mistake of LAW

 

 

My Question is:

1)      Can we ask for the Proof, that police had sent the Several Reminders

2)   Does the police should take the signature of the Witness at the time of Recording the Statement.



Learning

 7 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     08 June 2010

yes you can ask them copy of reminder received, best will be to file a private complaint again but through the magistrate i.e court, then court will direct police to file such reports.

Ya_Ta (Software Professional)     08 June 2010

Hi

 

Is RTI Act is not usefull here ?

kirankumar (Part time Employee/ student of BL)     08 June 2010

Does the police should take the signature of the Witness at the time of Recording the Statement.

SAAJAN (LAWYER)     08 June 2010

IS THERE ANY PROVISION IN CR.P.C. TO FILE CRIMINAL COMPLAINT BY TWO OR MORE COMPLAINANT IN SINGAL COMPLAINT?


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251,9960223100

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING YOUR PVT.COMPLAINT KINDLY NOTE THAT.

1 YOU HAVE FILED PRIVATE COMPLAINT IN COURT UNDER CERTAIN PROVISIONS OF I.P.C. AND PROCESS WAS ISSUED UNDER SEC.156(3) OF CRPC. POLICE WERE ORDERED TO INVESTIGATE THE CRIME AND REPORT.

2.POLICE AS USUAL SENT THE REPORT WITHOUT PROPER INVESTIGATION. STATEMENT OF YOUR WITNESS NOT RECORDED.

3.IN SUCH CIRCUMSTANCES YOU MAY FILE AN APPLICATION TO THE COURT MENTIONING ALL THESE FACTS AND MENTION THE NAME AND ADDRESS OF YOUR WITNESS AND ALSO PRAY TO COURT FOR RECORDING THE EVIDENCE OF YOUR WITNESSES .

COURT WILL HEAR BOTH THE LAWYERS AND PASS JUST AND PROPER ORDER.

YOUR PURPOSE WILL BE SERVED.

KINDLY WRITE OR CALL FOR ANY FURTHER HELP .

GOOD LUCK.

THANKS.

kirankumar (Part time Employee/ student of BL)     08 June 2010

Thankyou sir,

We filed the Protest Petition.

And also we are planning to prove that Police (SI) did not done any investigation.

 

 

Anmol Sharma (advocate)     08 June 2010

direction by the police for further investigation is also a remedy


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