TSBehera (n/a) 20 August 2008

Time frame for investigation by Police

In a Complaint case sent to Police for investigation u/s 156(3),from the court,the police seems not acting ,the case is shelved by more than 6 months in court.I have written to SP ,but no response or results.Inspectorof police behaves rudely when asked either in person or over telephone .Opp parties seems to collude.Approacing court to call for status report and close the investigation ,did not put any results .Court is also lithergic.What to do?I have got all the evidence to lead the case.

The case is a forgery of document case and evidence at hand is beyond any reasonable doubts that accused persons shall be convicted within 5 minutes and accused have hardly any answers.But no action by police or by lower court i.e SDJM.it is not understood.

Can I file the same complaint case before Chief Judicial Magistrate again?Or should I file writ for direction tolower court or police?it is not understood why inaction in a full proof case when evidence is enough!

Any media whether can be of any help?

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9 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 August 2008

any magistrate empowered under section 190 may order such an investigation as above mentioned.

Rajan Salvi (Lawyer) 20 August 2008

Supreme court has stated that there can be no time limit fixed for investigation. I suggest you file a Writ Petition in the High Court seeking directions for expeditious disposal. at least in the High Court Police will have to come and state the stage of investigation and when they propose to file report u/s 173 Crpc.

Guest (n/a) 22 August 2008

here is no time frame as such provided in the Cr.P.C for completion of investigation which is to be completed as expeditiously as possible but the court cannot wait indefinitely for submiossion of final form.The Orissa High Court has held that here investigation is unduly delayed the court can proceed to examione the Complainant an d thereafter take cognizance

Rajan Salvi (Lawyer) 24 August 2008

please quote the Orissa High Court Judgment if it is of DB .

K.C.Suresh (Advocate) 24 August 2008

The police is sleeping over the file. The court is lethargic. Nothing happens after 6 months from a 156(30 order. Approach the HC to get relief.

amarendra (lawyer) 25 August 2008

open to magst to conduct enquiry himself in case of delay in receving report from police as has been held by orissa high court in a case between nagbhusan barada and another vrs. tanga ranga masala and another reportd in orissa criminal reporter 1997 vol. 12 page- 340

Rajan Salvi (Lawyer) 25 August 2008

Thanx Amarendra but as I am in Bombay I may never be able to lay my hands on the Orissa High Court Judgment. IF it is of DB and if it is not inconvenient to you Please send the judgment as an attachment to rajan.salvi11@gmail.com.