my case is that my client husband and wife were assaulted badly and one m.l.r declared grievous due to fracture,and the wife's m.l.r was simple injuries the police made a cross f.i.r 452 on my client and 451 on the accused (other party) and with malafide intention did not added offence u/s 326 ipc on the actual accused(opposite party).
now should i file u/s 156(3) or 200 c.r.p.c to punish the culprits who injured my client and the concerned police officials who acted hand in glove with the accuseds and for directions to lodge f.i.r u/s 326 ipc
the record has been recieved by the police "m.l.r ,x-ray report , doctor opinion and statement of complainant which clearly establishes a cognizable offence u/s 326 ipc but the police with malafide intention to help the culrints is not lodging the f.i.r under 326 ipc but registered the case u/s 451i.p.c to weaken the case of complainant.
i want 2 reliefs from the court -
1) direaction to add or register the offence of 326 in the present f.i.r
2)action againt the actual culprits and the police officials who are helping the accused and taking the law in their own hands for their vested intrests.
NOW SHOULD I FILE APPLICATION U/S 156(3) C.R.P.C OR COMPLAINT U/S 200 C.R.P.C
OR 156(3) READ WITH 200 C.R.P.C
THIRDLY SHOULD I ALSO MENTION THE OFFENCES COMMITED BY THE PLICE OFFICIALS SUCH AS 216,217,ETC UNDER IPC
the record has been recieved by the police "m.l.r ,x-ray report , doctor opinion and statement of complainant which clearly establishes a cognizable offence u/s 326 ipc but the police with malafide intention to help the culrints is not lodging the f.i.r under 326 ipc but registered the case u/s 451i.p.c to weaken the case of complainant.
i want 2 reliefs from the court -
1) direaction to add or register the offence of 326 in the present f.i.r
2)action againt the actual culprits and the police officials who are helping the accused and taking the law in their own hands for their vested intrests.
NOW SHOULD I FILE APPLICATION U/S 156(3) C.R.P.C OR COMPLAINT U/S 200 C.R.P.C
OR 156(3) READ WITH 200 C.R.P.C
THIRDLY SHOULD I ALSO MENTION THE OFFENCES COMMITED BY THE PLICE OFFICIALS SUCH AS 216,217,ETC UNDER IPC ON MY COMPLAINT OR ONLY
sir,
the record has been recieved by the police "m.l.r ,x-ray report , doctor opinion and statement of complainant which clearly establishes a cognizable offence u/s 326 ipc but the police with malafide intention to help the culrints is not lodging the f.i.r under 326 ipc but registered the case u/s 451i.p.c to weaken the case of complainant.
i want 2 reliefs from the court -
1) direaction to add or register the offence of 326 in the present f.i.r
2)action againt the actual culprits and the police officials who are helping the accused and taking the law in their own hands for their vested intrests.
NOW SHOULD I FILE APPLICATION U/S 156(3) C.R.P.C OR COMPLAINT U/S 200 C.R.P.C
OR 156(3) READ WITH 200 C.R.P.C
THIRDLY SHOULD I ALSO MENTION THE OFFENCES COMMITED BY THE PLICE OFFICIALS SUCH AS 216,217,ETC UNDER IPC
the record has been recieved by the police "m.l.r ,x-ray report , doctor opinion and statement of complainant which clearly establishes a cognizable offence u/s 326 ipc but the police with malafide intention to help the culrints is not lodging the f.i.r under 326 ipc but registered the case u/s 451i.p.c to weaken the case of complainant.
i want 2 reliefs from the court -
1) direaction to add or register the offence of 326 in the present f.i.r
2)action againt the actual culprits and the police officials who are helping the accused and taking the law in their own hands for their vested intrests.
NOW SHOULD I FILE APPLICATION U/S 156(3) C.R.P.C OR COMPLAINT U/S 200 C.R.P.C
OR 156(3) READ WITH 200 C.R.P.C
THIRDLY SHOULD I ALSO MENTION THE OFFENCES COMMITED BY THE POLICE OFFICIALS SUCH AS 216,217,ETC UNDER IPC OR ONLY U/S 156-3 READ WITH 200 C.R.P.C
In the above facts of the case person is grievously hurt first 326 and then other trespass ,ask the magistrate by lodging a private complaint to amend the charge sheet secs as per MLR .
It is difficult to prove at this stage (,the harbouring of culprit) hence drop the 216/217.
the police has not submitted the charge sheet inthe court .
secondly under what section for correction or addition of c.r.p.c.
thirdly which section apply for the malafide and illegal acts of ploice1wrong f.i.r with malafid
e intrests harrasement to complainant
disaapear of evidence and creating new evidence
acting against the law laid down in crpc
saving the accused from punishment for offences such as 326
plz respond as i am filing the case 2morrow.
URGENT
MOHANA SUNDARAM
(Advocate High court Madras. M-9840908555)
06 June 2010
shamsher sir,
i think you have good case and it is better to approach High court. plzz refer A) 1979 (2) SCC 322 RAM LAL NARANG Vs STATE (DELHI) B) 2005 SCC(Cri) 211 UPKAR SINGH Vs VED PRAKASH.
There is no remedy available for you in Magistrate court or in Sessions court for not adding section 326 IPC . You should approach to concerning High Court for this relief . If you have any grievences against police, you should file a complaint after chargesheet because you have no evidence regarding your allegation till now . Anuz Doda Adv
…. Non-registration of complaints is the most common grievance of citizens interacting with Police department. An FIR is a very important document as it sets the process of criminal justice in motion. Unfortunately, this leaves the SHOs in a dominant positionof determining when and which criminal incident to register and which one toignore….
This is another good example of such practice for me. Can you tell us which police station is this and who is the sycophant officer?
I think going to the concerned or higher courts will surely help you perhaps it is time consuming matter.
Therefore I would suggest you to post your FIR under section 156 (3) through registered post and send the carbon copies to the anticorruption bureau department, commissioner of police or SP and don’t forget to ask the appropriate reasons from concerned officer in charge in writing for non registration of FIR. Action U/S 216, 217 etc are later on issues.
also forward this issue to electronic as well as publish media
…. Non-registration of complaints is the most common grievance of citizens interacting with Police department. An FIR is a very important document as it sets the process of criminal justice in motion. Unfortunately, this leaves the SHOs in a dominant position of determining when and which criminal incident to register and which one to ignore….
This is another good example of such practice for me. Can you tell us which police station is this and who is the sycophant officer?
I think going to the concerned or higher courts will surely help you perhaps it is time consuming matter.
Therefore I would suggest you to post your FIR under section 156 (3) through registered post and send the carbon copies to the anticorruption bureau department, commissioner of police or SP and don’t forget to ask the appropriate reasons from concerned officer in charge in writing for non registration of FIR. Action U/S 216, 217 etc are later on issues.
also forward this issue to electronic as well as publish media
This case relates to POLICE CHOWNKI RAUNI ,POLICE STATION PAYAL ,DISTRICT LUDHIANA ,PUNJAB.
IN THIS CASE I HAVE READ THE POLICE FILE AND THE POLICE HAVE ALL THE RELEVANT DOCUMENTS IN THE POLICE FILE(M.L.R , X-RAY , DOCTOR OPINION ,STATEMENT OF COMPLAINANT) which are needed and clearly proove that a cognizable offence has been done by the accused but still the police has not registered the case.
can u tell or provide details of print and electronic media where i can disclose the dictatorship of the police.
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