Hi, I need to file an application in a district court directing the police to act on my complaint and register a case. I have lots of evidence that a cognizable offense (in this case, theft) was committed but the police are dragging their feet.
1. Is the application going to be u/s 156(3) or u/s 200. Some people say (and I am not convinced) that 156(3) is court's direction to the police, the application can only be u/s 200. Is that correct?
2. Who should be the respondents in my application? The accused, or the SSP, or both? Or should it be just the SHO of the police station? Or should I leave it to court to frame the respondents and I should just say the respondent is the "State"?
if u want to file applicatn u/s-156(3)cr.p.c. then first u send a ragisterd post to ssp and tn file d application & in yr applicatn also mantion dt d police can only find d evidence & recover if u will not mantion such prey dn it can be go 4 register as complaint case u/s-200 cr.p.c.
I have already filed a complaint, then sent multiple emails and faxes to the SSP (which are attached in the complaint file in the police station), and also filed two RTIs within the last two months. The first RTI response has revealed that the police is making preliminary enquiries only. The second RTI response is awaited.
Do you still advise sending a registered post to SSP? Or to meet the SSP personally?
there is no law in india on the strangth of which a criminal court or a district court can either interfare with the investigation conducted by police or direct the police. in this situation u may file the copmplain before a magistrate u?s 200 Cr.P.C. and pl inform the court that an FIR was lodged at the p/S. court will call for a report from the police. police shall informed the court about the pogress of investigation if the case is registered and if police has not registered the case yet, the court will proceed with ur complain.
u may file Writ before the High Court concerned too.
It is the proper procedure to file a petition under section 200 Cr.P.C. in which you can seeek your relief under section 156(3) Cr.P.C. for a invetigation and registering the case by the police. Section 156(3) has too be invoked by the court alone we are not entitiled to file a petition under the section directly.
In your petition you have to implicate the accused as well as the inspector of police as respondents
for other procedures what mr.Borbora says is correct at the same time you can file an application under section 482Cr.P.C. before the high court seeking direction for registration and investigation of the case.