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rajeevlohani   18 April 2015

Steps to be followed in 156(3)??

Sir,

I visited to the police for making an FIR but police refused to write, i went to the court under 156(3). Court ordered to police to write down FIR and TAFTEESH. Case under sections- 323,504,506,307.

 court order received by the police on same day, but he wrote the FIR after 3 days.

Now police is going in-differentely and not listening to me. neither he is arresting the accused peoples nor he is doing TAFTEESH. Also he is threatening me that "I will XPUNZ this case". Police is supporting accused peoples very much.

Sir i am having medical bill and proofs with me i shown those to the police but he was denying to take them. Sir my queries are-

  1. What should i do if police is not doing his duty properly & supporting accused peoples, not arresting the accused peoples?
  2. if police submits XPUNZ report to the court, what can i do to run my case as i am having witnesses and medical proof with me?
  3. If police intentionally delay the TAFTEESH. AND day to day submits its report to the court as "TAFTEESH is in continuing "etc etc......What can i do to run my case in court as soon as possible?

I am very worried about the case. and not sure what to do to start my case in court because till the time it is under police,the police will not do anything, he is just sleeping and eating those accused are giving to him. 

Please suggest me what to do so that my case comes in front of court and start immediately without police interference.



Learning

 6 Replies

Rahul Kapoor (Legal Enthusiast)     18 April 2015

hello,

ask the police when they are going to file chargesheet ?

whether accused has secured bail ?

what is XPUNZ report ?

1 Like

rajeevlohani   18 April 2015

accused are going outside police is not touching them, till now they are not on bail nor they are having arresting stay.

 

AND

by XPUNZ report

i meant

JURM KHARIJA REPORT (final report with case termination)

Rahul Kapoor (Legal Enthusiast)     18 April 2015

If they file final case termination report then you have an option to file protest petition

1 Like

rajeevlohani   20 April 2015

They have got arresting stay from High court. Police is also with them.

what should i do to get them arrested?

  • may i pray to the court to cancel their stay and order to arrest them? (on High Court OR CJM court?)

If police will not support me (before or after expiry of arrest stay) what should i do in the court to get all of them arrested?

Adv. Chandrasekhar (Advocate)     20 April 2015

Move the application in the magistrate court, which ordered for registering FIR, to direct the police to investigate the case and file the charge sheet within the stipulated time, i.e., 60 days.  the accused cannot be arrested because they got bail granted by HC.

rajeevlohani   29 April 2015

 court in 156(3) passed an order to write an FIR and investigate

arresting stay has been rejected by high court for some of them. but police is not arresting them and threatening me.

Can i pray to the court immediately-

  1. to pass an order for arrest to accused those didn't get arresting stay as they are continuously threatening me and my family.

                                                                            OR

               File a separate  FIR for threatening activities being done by all of them.

 

what will be benificial for me-

  • Write down a new FIR against them. 

           OR

adding their activities in present FIR which has been already launched


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