Refer to police
b B Raju
(Querist) 20 August 2016
This query is : Resolved
My brother has fradulently created some documents and grabbed my share of property. Agrived by the action I have tried to file a police complaint. Since policemen refuse to entertain my complaint I directly approached the court and filed private complaint U/s 200 requesting to refer my complaint to police. The court taking cognigenc of the offense registered a criminal case directly without referring to police. The matter is still pending. As I am old and sick it has become difficult for me to procecute the same. At this stage how i can now request the court to refer to police and what is the procedure. Please guide.
Ms.Usha Kapoor
(Expert) 21 August 2016
The Public Prosecutor would conduct the proceedings on your behalf and if they want they can subject you to chief ans crows examination through an advocate Commissioner appointed by court. Also you can engage a private criminal law expert lawyer too prosecute the accused brother.
Rajendra K Goyal
(Expert) 21 August 2016
Engage a local lawyer and proceed through him.
Rajendra K Goyal
(Expert) 21 August 2016
In your query a month ago you mentioned that you are in hurry as you want to leave the country for 6 months to attend your daughter at Australia. Now saying hurry due to ill health and old age.
Repeated:
http://www.lawyersclubindia.com/experts/Non-appearence-of-complainant-605586.asp
Raj Kumar Makkad
(Expert) 21 August 2016
It is not good to repeat the query as we don't attend such queries.
Raj Kumar Makkad
(Expert) 21 August 2016
In your case, the court canot direct the police authorities at this stage as your application seeking enquiry by police undr section 156(3) Criminal Procedure Code might have been declined but you failed to agitate against that order before the upper courts.
Dr J C Vashista
(Expert) 24 August 2016
It is really absurd to repeat same query in some other form.
You have filed application u/s 200 Cr PC as stated, did it accompany application u/s 156(3) Cr PC? If yes, what is the result?
If no, you have to prove contents of your application to satisfy the court to take cognizance and summon the accused.
However, as advised by an expert PP cannot share your responsibility of proving allegation levelled by you.
