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What to do when an auto driver physically assaulted a woman?

Querist : Anonymous (Querist) 26 February 2017 This query is : Resolved 
We were traveling in Jugnoo auto and after completion of the travel the auto driver started asking extra money (which was not showing in the Jugnoo app). When we disagrees to pay the money he started using abusive languages and after that he came out of his auto and slapped my woman co-passenger and the auto driver ran away with his auto. Stunned by this sudden incident we could not take take any action and we went to local police station. The head constable lodges the complaint (not FIR although). He ask the woman to write an application stating the incident and took statements from three other witnesses (including me). And finally he gave us a receipt ("Prrapti rasid" was written on top of that challan) and assure us proper actions will be taken against the auto driver.

Now my question is, without lodging a FIR is it possible to take proper action against the auto driver? In this case, can we lodge a FIR even though we have already lodged a complaint?

This incident took place yesterday (25-02-2017), so please let me know what shall I do.

Thank you.
Adv. Yogen Kakade (Expert) 26 February 2017
Whether the complaint has been taken by the police as NC (non-cognizable)? If yes, then file another application mentioning to take this is a cognizable offence and file an FIR immediately. Also send a copy of the application to the office of the commissioner of Police. Or you can directly file the complaint in the court u.s. 156 (3) of CRPC and the court shall take the further action. Do not worry and go ahead, never spare such people who take the law for granted.

Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883



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