What to do if police is not writing complaint?
Mayank Agrawal
(Querist) 25 April 2012
This query is : Resolved
About 15-20 days ago, a dispute arose on my uncle's shop over a customer between my uncle and his neighbor shopkeeper, in which he pushed my uncle due to which uncle fell down and had a heart attack and died immediately. My cousin filed 304A against the neighbor and his 2 brothers. After 5-6 days, one of the neighbor brothers consumed poison(he survived) in SP office stating he had not murdered. Now, after 15-20 days, police is not filing complain against them(I am highly under suspicion that they have been bribed) and stating that this is a case of natural death not murder. Now please help and tell us what should we do?
Arvind Singh Chauhan
(Expert) 25 April 2012
As the facts show. it seems not a murder. But still offence of 304 or 304 A is made out. If police is not registering the matter you can file application under 156(3) Cr.P.c or may file private complaint.
Deepak Nair
(Expert) 25 April 2012
Shri Arvind has rightly advised.
Raj Kumar Makkad
(Expert) 25 April 2012
File a complaint before the trial magistrate under the provisions of section 200 Cr. PC and insert an application under section 156 (3) Criminal Procedure Code and see the result and act accordingly.
V R SHROFF
(Expert) 25 April 2012
send written complaint to SP, & copy to Home Minister + file 156(3)
Can use internet to file complaint.
Devajyoti Barman
(Expert) 26 April 2012
Yes, nothing to add more.
Lodging complaint to the higher authority also yield result.
Sankaranarayanan
(Expert) 26 April 2012
I do agreed with experts mr arvind and shroof
SAINATH DEVALLA
(Expert) 26 April 2012
Dear Mayank,
In addition to the experts,file a case u/s 156(3)
The Power Of The Magistrate Under Section 156 (3) Of Cr.P.C
The information under section 154 of Cr.P.C is generally known as F.I.R. It is pertinent to see that the word '' first'' is not used in Cr.P.C in section 154 of Cr.P.C. Yet, it is popularly known as FIRST INFORMATION REPORT. Nevertheless a person,who is a grievance that police officer is not registering FIR under section 154 of Cr.P.C, such a person can approach Superintendent of Police (SP), with written application, under sub-section 3 of section 154 of Cr.P.C. In case of SP also does not still register FIR, or despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can approach Magistrate concerned under section 156 (3) of Cr.P.C. If that be so, it is very essential and interest to know the powers conferred on Magistrate under section 156 (3) of Cr.P.C. Therefore, I deem that it is very useful if it is discussed with relevant case law as to the powers of Magistrate under section of 156 (3) of Cr.P.C.
Section 156(3) is very briefly worded. The powers of Magistrate are not expressly mentioned in section 156 (3) of Cr.P.C. If that be so, a paucity will be crept mind that whether there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and /or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same or not.
That too, an aggrieved person has right to claim that the offence he alleges be investigated properly.
Section 200 crpc.
200. Examination of complainant.
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
(a) If a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or
(b) If the Magistrate makes over the case for inquiry, or trial to another Magistrate under section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
HENCE WITHOUT ANY DELAY TAKING THE ASSISTANCE OF A COMPETENT LAWYER FILE CASES UNDER THE ABOVE TWO SECTIONS.
Shonee Kapoor
(Expert) 26 April 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
