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Discussion > Criminal Law > CRPC section under which applicataion for warrant to court   Unanswered Threads Post New Topic

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There are 11 Replies to this message


legal_seeking_justice


TA
[ Scorecard : 72]
Posted On 06 January 2010 at 14:31 Report Abuse

 FIR was lodged in police station on the order of the court, but the police has not taken action for more than 16 days.

Under which section can I approach the court for issue of warrant against the accused and for action to be taken by the police? 

Please help this is urgent. 

Someone suggested section 309 crpc but i am confused on reading 309 as it does not look like it can be used. 

 

 



Online certification courses in IP, IT and Social Media laws


shamina sayed


Advocate
[ Scorecard : 167]
Posted On 06 January 2010 at 16:03 Report Abuse

Dear,

on next date of your case,move an appclication through your advocate before the concerned majistrate  asking the concerned police station to furnish reasons for not taking appropriate action.if police not acting on courts order it is contempt of court.



N.K.Assumi


Advocate
[ Scorecard : 22189]
Posted On 06 January 2010 at 17:22 Report Abuse

Section 309 CrPc operates in different areas, that is at the commencement of trials, so there is no need to get confused. your case is still at the embryonic stage, that is the setting of criminal machinery into motion. At this stage, I would suggest that you follow the advise of Shamina, and also appraised your position to the Superintendent of Police of your areas regarding the supine slackness of the Police.



legal_seeking_justice


TA
[ Scorecard : 72]
Posted On 06 January 2010 at 17:34 Report Abuse

 Thank you Ms Shamina and Mr Assumi,

Problem is that I had earlier given complaints to police station myself, and then to commissioner , but no action was taken. 

Because of no action for long and for a physical attack on me I went to court and showed them my previous complaints and court ordered registration of FIR and investigation under 156(3) and gave them 2 months time.

FIR was registered within a day. however even after 16-17 days it does not look like police has any interest in the case as they are not doing any investigation in the case. What do I do.

Does as a complainant I have to keep requesting the police for help and investigation again and again? 

Does a citizen have no right to live freely in this country without fear.

Is there a way for me to approach court again and ask for help and expedition of the matter. 

Please advice

 

 

 

 



shamina sayed


Advocate
[ Scorecard : 167]
Posted On 06 January 2010 at 17:45 Report Abuse

Dear,

Now you got what you wanted.yes FIR.already lodged!as you told your next date is after two months.just wait.have paience.now you got nothing to do.what ever has to be done is to done by police.let them do their job.even if they choose to be idle.let them.you always have remedy.as i told you on next date tell the court to ask reasons from the concern police station to furnish reasons why they have not till date arrested accued persons.



S.B.adil rahman


Legal consultant
[ Scorecard : 654]
Posted On 09 January 2010 at 21:09 Report Abuse

Is arrest mandatory? If the detention is not justified with the cogent grounds then it may backfire. Please go through section 220I.P.C and discuss. Let there be an academic discussion on this issue. Supreme Court is very clear on the matter of Arrest and has discouraged random arrest simply because the name figured in F.I.R. In F.I.R any one can be made accused and the police has to register  the same also. But if the investigation does not warrant the arrest then Police may not arrest the person also.



legal_seeking_justice


TA
[ Scorecard : 72]
Posted On 09 January 2010 at 21:14 Report Abuse

I am not looking for arrest, I am looking for justice and if court after trial comes to conclusion that they have done crime they should be punished. right? 

My problem is police not doing any investigation even for threat calls on my phone number for which I have given the numbers from which I have received threats. The telephone company does not keep records for long.

So can I approach court again and ask for orders for telephone company to give me details as the police is not taking any action. 

Please advice under what section can I approach court again. Last time my complaint to court was under section 340 crpc.



S.B.adil rahman


Legal consultant
[ Scorecard : 654]
Posted On 20 January 2010 at 17:19 Report Abuse

Threat is a non cognizable offence. You can file a complaint under section 506 IPC with the area magistrate. You can also submit a paryer before the Learned Magistrate for issuance of summons under section 91 CrPC upon the telephone company to produce the records of the calls made on your phone. I think that proper approach will yield the result.



R.K.SUNDERRAJ


LAWYER HUBLI,KARNATAKA
[ Scorecard : 684]
Posted On 04 February 2010 at 00:13 Report Abuse

AS PER THE AMENDED Cr.P.C.  ARRESTIS NOT COMPULSORY, I AGREE WITH ADIL RAHMAN.



sweta singh


n/a
[ Scorecard : 223]
Posted On 04 February 2010 at 12:56 Report Abuse

y dont u disconnect ur phone and take another no.!!!




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