Police is not registering FIR uss 498 A /376/511 etc
Querist :
Anonymous
(Querist) 12 June 2011
This query is : Resolved
R/Members LCI
I had moved a written complaint uss 498a /323/506 /376/511/120 B/34 IPC etc against my Husband and other in laws before SP Sirsa which was forwarded to Women cell,where both parties were called and investtigation was carried out but incharge Women cell forced me for compromise with my in laws,but i refused, now police is not regisrering my FIR, in fact Police is helping the accused, what i can do, plz help me.I does not want to go to court with pvt complaint bcoz i have learn that in a pvt complaint case, dowry articles recovery is not possible and if Magistrate sent the complaint us 156 crpc for registration of FIR,in that case usually police files cancellation report,Kindly help Regards
Sarika
Devajyoti Barman
(Expert) 12 June 2011
If the Police does not register the FIR then you can file petition u/s 156(3) crpc for necessary direction upon the police for investigation.
Now whether the Police would submit FRT or not, that is not under our knowledge to make any further comment.
Querist :
Anonymous
(Querist) 12 June 2011
Thanks Sir
Akhilesh Maurya
(Expert) 12 June 2011
In your case Sec. 376 I.P.C. is session trial if you go to court with pvt complain and your husband and in laws are summoned then after their regular bail the case is committed in the sessions court and in the session court the case will be treated as state case. for your dowery article recovery you can move in the family court. You can also move your application before National Women Commission. Generally police cannot file the final report in such case. If you are suspicious about investigation you are free to move in Hon,ble High Court to give an order for investigation by some other agencies.
SACHIN AGARWAL
(Expert) 12 June 2011
You can move u/s 156 (3) Cr.P.C. and in case the Police submits Final Report, you can file a protest petition against the same.
Querist :
Anonymous
(Querist) 12 June 2011
Thanx 2 all respected experts
Guest
(Expert) 12 June 2011
the 376 of IPC is a bailable offence in your case and no importance is attached to it. also you can send a written complaint by registered post. then file a direction in highcourt under 468 of Cr.P.c
Raj Kumar Makkad
(Expert) 13 June 2011
If you do not opt private complaint or moving an application under section 156 (3) Cr. P.C. then there is no chance except to approach higher police officials. It is not understood how a FIR can be lodged under section 376 IPC against husband? I think you are complicating your case jst to malign your husband and in-laws under maximum sections. This is wrong approach of you. It is good if you come with simple case and definitely FIR shall be get lodged and no cancellation report is expected if you file criminal complaint with application under section 156 (3) Cr. P.C. I reside in Bhiwani and if you need any personal help, you may contact me at any time.
Querist :
Anonymous
(Querist) 13 June 2011
R/ Makkad Ji
allegation of 376/511 IPc is only against Devar.Regards
PALNITKAR V.V.
(Expert) 14 June 2011
With due respect to all the experts, I would suggest the author of the query to file a private complaint in the court of JMFC with a request to hold inquiry u/s 202 by the court itself without sending it to police u/s 156 Cr. P.C. The evidence of the complainant coupled with evidence of her relatives and other evidence, if available would be enough to commit the case to the court of sessions. Because sending case to police u/s 156[3] is practically useless if police is favouring the accused.
