police are not registering f.i.r.
mohammed sulaiman
(Querist) 28 December 2009
This query is : Resolved
dear sir,
facts of the case:
my client by profession is a lecturer in one of college in hyderabad,prior to working in hyderabad he used to work in vijaywada dist of a.p.,the student of my client came to my client's residence in hyderabad and ask him for his bike,my client believing that he is his ex student he gave his bike to the student, at the time of taking bike from my client he promises that he would return the bike in few hours, whereas the student failed to return the bike to my client,when my client enquired about his student in vijaywada as the student is from vijaywada it is found that now he is chating many people like this.
as my client came to know that he has been cheated by his student he went to the police station to complain about the incident whereas the polce have refused my clients complaint to register.
in this situation what i and my client can do and please also tell under what section of i.p.c. and cr.p.c. cases can be registered. and what are my client's rights in this case.
kranthi kiran
(Expert) 28 December 2009
File a Private Complaint under section 200 Cr.P.C before the Metropolitan Magistrate's Court/JFCM's Court. You can contact me for assitence in drafting such complaint. If Magistrate satisifies with the contents of the complaint and the documents relied on by you, he can take cognigznce of the offence or can direct the police to investigate and report.
Kiran P.V
Hyderaabd-Ph:9490127914
N RAMESH.
(Expert) 28 December 2009
Before going to magistrate,
Forward a copy of complaint to the Supt. of police/high officials and request them to direct the local police to register FIR and take action. Or meet the commissioner of police with the complaint.
Approaching the Court under sec.200 to be a last resort. Even the court can only give direction to police to register FIR and investigate.
Guest
(Expert) 28 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE COMPLAINT KINDLY NOTE THAT.
1.AS POLICE REFUSED TO REGISTER COMPLAINT THEN YOU MAY DIRECTLY FILE THE COMPLAINT IN THE CHIEF JUDICIAL MAGISTRATES COURT.YOU HAVE TO MENTION YOUR NAME,AGE,OCCUPATION AND ADDRESS AS COMPLAINENT,AND YOU ALSO MENTION THE NAME AGE,OCCUPATION AND ADDRESS OF THE ACCUSED STUDENT.
2 YOU MAY FILE THE COMPLAINT BY ENCLOSING THE OWNERSHIP DOCUMENTS OF YOUR MOTOR CYCLE INCLUDING COPY OF REGISTRATION BOOK,TAX BOOK AND INSURANCE PAPERS, AND ALSO PAYMENT PROOF IF AVAILABLE.
YOU HAVE TO MAKE A LIST OF ALL DOCUMENTS PRODUCED IN COURT.
3 YOU MENTION ALL FACTS HOW YOU WERE CHEATED AND YOUR MOTOR CYCLE WAS STOLEN BY THE SAID ACCUSED.YOU MAY FILE COMPLAINT UNDER SECTIONS 420,406, 379 OF INDIAN PENAL CODE .COURT WILL HEAR YOU AND ISSUE PROCESS AGAINST ACCUSED AND POLICE OFFICER OF THE CONCERNED AREA POLICE STATION WILL BE ORDERED TO ENQUIRE THE CRIME AND REPORT.
IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS.
THANKNG YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Khaleel Ahmed
(Expert) 28 December 2009
You can file a private complaint before court.
PJANARDHANA REDDY
(Expert) 28 December 2009
FIRST GO THE CONCERN PS WHERE CAUSE OF ACTION OCCURRED ALONG WITH ALL DOC OF VEHICLE& YOUR'S.
HANDOVER THE COMPLAINT AT RECEPTION AND GET ACKD. IF THEY FAIL TO DO SO LEAVE THE COMPLAINT AND REP0RT TO SP/COMMISSIONER/ACP ETC.,
THE FINAL WEAPON IS 200 Cr.p.c PRIVATE COMPLAINT IN CRIMINAL COURT.
Ajay Bansal
(Expert) 28 December 2009
N Ramesh is correct.
Srinath Kondapally
(Expert) 28 December 2009
contact avilable advocate either to fileprivatge complaint or to approach superiors of Police Deptt.
Guest
(Expert) 28 December 2009
I am in total agreement with Shri Sawant.
Raj Kumar Makkad
(Expert) 28 December 2009
I do agree with the common opinion of all experts.
Dr G V Rao
(Expert) 29 December 2009
I agree with the other experts. But you are lucky that only today in the newspapers it was declared by the Government of India that all complaints be registered as FIR's. Take a cutting of the newspapers of Hyderabad and show it to the Police and tell them or their bosses that yours would be first case to be sent to Higher ups with the paper cutting that the concerned police station has refused to register despite directions from Government of India. In case you are sending your complaint to Supdt of Police or others, remember to mark a copy to Ministry of Home Govt of India too. Such actions will get you relief.
Sankaranarayanan
(Expert) 29 December 2009
yes what mr kiran said is correct, maybe bcz of the accused is college student , the officer may hessitate to do. but asper law he has to accept ur complaint and put a FIR. Onceagain u approch the same , if , they r not giving proper acceptable reply , then , u directly file the complaint in the judicial magestrate court with full detalis of u and accused with basi recards u/s 200 crpc
alokraman
(Expert) 02 January 2010
I AGREE WITH SAWANT OPINION
