FIR not lodged
Abid Ah Wani
(Querist) 05 September 2015
This query is : Resolved
My uncle registered an FIR through CJM court
against our neighbour who broken there
construction work after the CJM FIR copy sent
to the Police station but unfortunately Police
didn' t take any action bcoz they was corrupted
already & we reported to CJM court. The CJM
court asked report to the SHO & he filed the
report there & said they having a civil case
already in the Court that ' s why we not lodged
the FIR after listening the Report the Judge
dismissed the FIR & also dismissed the
contempt to SHO . Please tell me what to do
now .
Sudhir Kumar, Advocate
(Expert) 05 September 2015
concrete views can be expressed by someone who understands the facts after site inspection and seeing papers of civil suit.
Dr J C Vashista
(Expert) 06 September 2015
What is the advise of your teacher/tutor? This is wrong platform for your academic & hypothetical query
Rajendra K Goyal
(Expert) 06 September 2015
If you are aggrieved from the decision of the CJM proceed for the appeal.
dev kapoor
(Expert) 06 September 2015
Hi,
When a CJM forwards an application to SHO(in charge of a police station) in exercise of his powers u/s 156(3) Cr.P.C,it is mandatory for such SHO to register FIR,among other grounds, that the offence committed is not of criminal nature in a cognizable case(like yours) but a civil wrong and applicant may have remedy in a civil court.In later case also matter does not end here instantaneously but it is the CJM(or other JMIC) who may close the case after hearing the aggrieved complainant under section 169.This again doesn't end the matter complainant aggrieved has remedy to file 'complaint' under ss.190/200....Cr.P.C
dev kapoor
(Expert) 06 September 2015
....
you have no cause of action & hence right to file 'contempt' proceedings and CJM is within his powers to scuttle and dismiss such petition as if the CJM/JMIC continue to initiate contempt proceedings for disobedience of his direction on such matters then SHO/police officers will have to be in courts rather than in P/Ss or in field
Raj Kumar Makkad
(Expert) 06 September 2015
CJM must have given a notice to you before accepting the cancellation report submitted by the local police and on that occasion, you might have filed the objections against such report and then the court also have provided you an opportunity to persue the complaint as if a private complaint.
If this process had not been adopted then only you have legal remedy otherwise you confine to your own case may it be civil or criminal or both.
