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Santosh Sandhu (Electrical Engineer)     28 March 2011

Conversion of NC to CR(FIR)

My father was assaulted and brutally attacked on 26 th jan 2011.He is a senior citizen of 70 years and a RTI Activist also.The Police has recorded an NC for the complaint. After the preliminary treatment the doctor had identified a fracture on his right thumb. even the XRAY report reveals the Fracture.THe thumb was plastered for more than a month.We have taken three Xray till date and all the report stiil reveals there is a fracture. Even today ther isa fracture and dislocation of bone in his right thumb. I have submitted the doctor reports to the police on the very next day and have also informned them on phone the very same day.I had given an application for converting the NC into CR and registering it in the crime register on 7th feb 2011. But still i have not got any response from them. Likewise i have approached ACP, DCP and even CP regarding the attack.

We have met DCP twice and on both the occasion he has called the concerned police station and ordered them to file a case against the accused and immediately arrest them But the Rabale police have not acted upon the orders.Again on 18th march i had given an application to the DCP to direct the Rabale Police and take strict action against the accussed ,but still no response.

We have also met CP and he has asked us to give him an application.Likewise we have given him an application on 18th March.But we have not received any response.

we have also made an online complaint on 27th jan. But till date we have not been replied.

Kindly guide me on further steps to be followed.

 

Regards,

Santosh



Learning

 5 Replies

Shantibhushan (Advocate)     28 March 2011

There are two options for you, but according to procedure second option is basically used,

1- You can file a Writ Petition before High Court seeking direction to the Police machinery to register an FIR and investigate the matter.

either;

2- You can file a private complaint through a lawyer directly before Judicial Magistrate and thereby seeking a direction under section 156 (3) of the Code of Criminal Procedure to the police machinery.

Santosh Sandhu (Electrical Engineer)     28 March 2011

Thanks for your prompt reply i am in search of a lawyer.Will get Back for further guidiance

Adv. Kareem Khan (Advocate bombay high court)     29 March 2011

i m agree wid mr. shantibhushan

Advocate Dinesh Rajpurohit ( Advocate)     29 March 2011

yes m too agree with Mr. Shantibhushan, there is only to way to get relief , one file a writ petition in the High cout under Article 226 of the Contitution of India to Direct the Police, and Second is Make a Private Complaint through Advocate Before Hon,ble Judicial Magistrate of First class or Metropolitan Magistrate.

Santosh Sandhu (Electrical Engineer)     30 March 2011

Can you suggest any Lawyer who can fight for me. I am from Navi Mumbai region.

Please let me know.


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