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Srinivas (.)     11 March 2015

Private complaint u/s 420,406,506,r/s34

Hi All, After refusing my complaint in Police station I consulted SP, DSP and didnt any action after that I have filed private complaint R/s 190 crpc 200, U/S 420,406,506,R/S 34 in magistrate court . Magistrate accepted my complaint on 03.12.2014 transfered the case to police station to register case and investigate and send final report. case file reached to police station on 06.12.2014.I went to police station and infromed about my case. Circle Inspector completly match fix with opposite party. Almost 3months completed but no progress.Please advise how to proceed with this. Thanks for ur time.



Learning

 6 Replies

saravanan s (legal advisor)     13 March 2015

Approach the court and file for a direction order

Srinivas (.)     13 March 2015

Hi Sir, Our private complaint forwarded to Police station on 03.12.2014 (3 months completed) same reached to Police station.We have only private complaint copy and complaint copies where we have filed complaint copies before Police station and SP Office before filling Private complaint in Court. 1)Please advise Is this documents sufficient to file RTI ? 2) Please advise whether we have to file RTI in police station(Where we have private complaint) or SP Office? Thanks for ur time.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     13 March 2015

There is a landmark judgement of the Delhi high Court ie Dilawar Singh vs State JT 2007(10) SC 585 which states that in case the compoainant feels that investigation is not being done suitably in a case registered by him then he can move to the court by virtue of an application u/s 156(3) . Use it to your favour. Although it is delhi high court so not sure how binding it is on your case , if at all your case is outside delhi. But you can use it for refeerence purposes in court

prof s c pratihar (medical practitioner &legal studies)     15 March 2015

Law is very clear.if police STN does not register fir you go to magistrate for direction us156(3) crpc.if cognigible case court will pass necessary orders , if violation ld magistrate shall initiate contempt proceeding against police officer(order of j bn agarwal and hon ble j singhbi circulated to all ps of india)in a complaint case us 200 crpc ld magistrate shall investigate himself . He can't sent back to ps. Ld magistrate will issue summons us 202 crpc.prof sc pratihar

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 March 2015

I agree with Mr.  Pratihar.

 

Please make a rejoinder petition by stating your grievance in the same court by giving a put-up at the earliest.

 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

498_final stage (Professional)     23 August 2015

Sir in my case there is a Complaint case of 406 AGAINST ME, MY MOTHER AND SISTER after 3 years of marriage. 498a DV and divorce are going on already.

The police while investigating the 406 case said that the case CAN NOT be made out but still Judge of the Lower court has made out a case against me, my sister and mother. Some unknown person under 202 gave statement which looks like a copy paste of other statement made by the opposite party.

 

 


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