pun (eng) 02 November 2012
Hi Memebrs,
Does the Proection officer in DV case has any power to issue any maintainence or shared household or protection order before submitting the case in the court if the applicant has given the complaint directly to the PO instead of filing the case through the court. Based on cruelty or any criminal perspective in the complaint can she also direct the Police to lodge the FIR?
Thanks
Arvind Singh Chauhan (advocate) 02 November 2012
Protection officer can do nothing except forwarding the complaint to magistrate if complaint is presented to him.
He has power only after the order of court.
She can file FIR also.
Sameer12345 (SSE) 02 November 2012
I too have heard from Public Servent/Protection Officer that She can initiate police complaint. I just wanted to know here that what kind of complaint it would be?
FIR for what purpose and in which section?
Ranee....... (NA) 02 November 2012
FIR related to violence on a woman by family members..
Sameer12345 (SSE) 02 November 2012
How is Public Servant/Protection Officer aggrieved by any act on women?
stanley (Freedom) 02 November 2012
| Originally posted by : pun | ||
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Protection officer has no power to carry out the above .In most cases the protection officer just signs on the DIR formats without even investigating the case . The magistrate only has the power to pass the abover orders Based on cruelty or any criminal perspective in the complaint can she also direct the Police to lodge the FIR?
After the passing of the protection orders by the magistrate in case there is a breach of orders than only she can direct the police to look into the matter . |
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pun (eng) 02 November 2012
Based on cruelty or any criminal perspective in the complaint can she also direct the Police to lodge the FIR?
After the passing of the protection orders by the magistrate in case there is a breach of orders than only she can direct the police to look into the matter .
@ Stanley.
I was asking this query in the siutation when the complaint is given to Protection officer and case is not filed in court..in that case can the protection office direct the police to lodge the FIR based on criminal perspective in the complaint like stridhan or any cruelty incident.
Sameer12345 (SSE) 02 November 2012
In case wife wishes to go for police complaint, protection officer supports her and police will easily lodge FIR against you. It is all in the hands of the wife in this case.
but if complaint seems false to protection officer than there will be a bit delay in FIR and police may not initiate FIR immediately even if the wife wishes. She has to approach court and get the order for FIR from Magistrate.
stanley (Freedom) 02 November 2012
| Originally posted by : pun | ||
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Based on cruelty or any criminal perspective in the complaint can she also direct the Police to lodge the FIR? After the passing of the protection orders by the magistrate in case there is a breach of orders than only she can direct the police to look into the matter . @ Stanley. I was asking this query in the siutation when the complaint is given to Protection officer and case is not filed in court..in that case can the protection office direct the police to lodge the FIR based on criminal perspective in the complaint like stridhan or any cruelty incident. |
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A protection officer is appointed by the court . So only after the matter going to court does the role of the protection office come .
A wife can lodge a FIR directly at the police station .
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