Unexplained delay in registering a pvt compl with magistrate
Querist :
Anonymous
(Querist) 12 January 2010
This query is : Resolved
I have filed a private complaint in Borivali court for order u/s 156 /3 ( offenec u/s 420, 465 ,409 etc against a housing society committee and mastermind who claims to be an advocate .Yhe complaint was filed in the month of June 2009 .Evertime I get the date and now in Feb . Almost 5 times I have gone to the court .Its a simple private complaint for registering the FIR for a very serious financial fraud . What is the remedy ? Though the lawyer is experienced and have charged me Rs .28000 , but no result yet . What should I do ?
Devajyoti Barman
(Expert) 12 January 2010
What is the actual status of your case? The usual procedure is the day the complaint u/s156(3) is filed the court passes the order after treating it a FIR and ask the concerned P.S to make the necessary investigation. It is unclear from your query as to why it is getting delayed inordinately. You better take help of another local lawyer.
Arvind Singh Chauhan
(Expert) 12 January 2010
Your question is not clear. Whether the matter pending in investigation stage, after registering the FIR? or FIR can not be registered yet? If the FIR is not registered despite the court's order, You can pray to court for contempt proceeding.
Querist :
Anonymous
(Querist) 12 January 2010
No the complaint has not been heard in the court yet .Eveytime I reach on the date , either the lawyer remains absent and the asst of the lawyer takes next date or the judge gives the next date without taking up the matter.I sometimes feel that an advocate standing outside the court can do such job with much lower fees . The lawyer says that he is helpless if the matter is not heard as it is a misc. complaint .
Raj Kumar Makkad
(Expert) 13 January 2010
You persoanlly can make prayer before the concerned court to hear your matter as it has already been much delayed.
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