MASTHAN (Self employeed) 19 February 2013

Impact of private complaint on sho

If I file a 420 case through private complaint, will it impact Station Housing Officer in any manner?

1. At Police station I asked SI to register 420 case on a person who sold me a property illegally (the property is plot)

2. At police station , the seller told that he will arrnage another plot in the next 6 months of time , in the same surroundings. And at that point of time before SI, somehow we agreed for that.

3. But later , when we think about it, we realized that the seller is just agreed for that for the sake of eating time.

4. Now I am planning to file a private complaint against the seller but some of my friends telling that it is not good, the entire police department will become rebel to you as the private complaint means , police failed to register your complaint. And your complaint will become against to the SI.

Could you please let me know how to handle this situation?

Thanks,Masthan

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9 Replies

Arvind Singh Chauhan (advocate) 19 February 2013

Filing a private complaint does not mean so.

It is better to complain to police, but it not a compulsory requirement before filing private complaint.

Without registering FIR you can file private complaint.

MASTHAN (Self employeed) 20 February 2013

Hi Aravind,

Thanks for your reply.

One of my friend told me that you have to file private complaint only if the police officals denies to register your complaint?

Is this true? Can we file a private complaint without approaching police station?

Thanks,

Masthan

(Guest)

May I intervene!!!

Lodging FIR in police station is different than a Complaint/Private Complaint as the latter is only done before a Magistrate concerning to his/her jurisdiction.

Also, for non-cognizable offences,a report in the police station is deemed to be complaint and unless instructed by the Magistrate of concerned jurisdiction,no FIR is lodged.

Kindly observe,Since you talk about section 420 of IPC,it's a cognizable offence,hence a complaint cannot be made to a police officer.You must go to the Magistrate in local jurisdiction to make a complaint in this particular case.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

MASTHAN (Self employeed) 20 February 2013

Hi Sumithra,

If I understand you correctly. If I wanna file a case u/s 420 IPC, then I have to file a petition/private complaint before Judicial First Class Majistrate? Right?

The Station Housing Officer doesnt have right to register a complaint u/s 420 IPC directly by taking the complaint from the complainant?

Thanks,

Masthan

(Guest)

Originally posted by : MASTHAN

Hi Sumithra,

If I understand you correctly. If I wanna file a case u/s 420 IPC, then I have to file a petition/private complaint before Judicial First Class Majistrate? Right?

Reply-Don't call it a case before it's registered.When the magistrate takes the complaint,he orders the police to investigate the matter.After investigation,the police files a charge- sheet to the magistrate to take cognizance of.

The Station Housing Officer doesn't have right to register a complaint u/s 420 IPC directly by taking the complaint from the complainant?

Reply-In case of Cognizable offence,any police officer in charge of the Station House(police station) has every right to write about the commission of the offence but then it must be called 'FIR'. For non-cognizable offences, a police officer(previous definition) Write about the commision of offence,but such written statement must not be called FIR rather it's called Complaint.He has to get permission from the Magistrate to the investigate the matter.The police officer after investigation submit the Investigation report(after he got such required permisson) also called chargesheet to the magistrate to take cognizance of.

Hope this is sufficient food for your query.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

MASTHAN (Self employeed) 20 February 2013

Hi Sumithra,

I am unable to digest/understand the too much legal terminology. Lets make the query simple.

1.In 1986 person-A sold some LAND to person-B

2. In 2000, person-A died .

3. In 2006, person-A sons and Person-C created registeed document claiming person-A sons are the owners of the LAND and they sold the same person-C (/* this registered document created for cheating other people */)

4. In 2007 , person-C claimed that he bought the LAND from person-A sons and now he is the owner of the LAND , my illiterate parents trusted his words and his reigstered document and bought the same LAND (/*we are cheated by person-C because person-C registered document is not valid , and he dont have right to sell it */)

5. Very recently we came to know that we were cheated.

6. Finally we approached Police Station, and in the police station before Sub Inspector, person-C agreed that he will give us some other land in the premisises of current land in the next six months of time. All this is happened orally.

7. Later at when I think about it, we realized that person-C/the seller is just agreed for the sake of taking time and he dont give any land even after six months.

8. Now , we want to file a case u/s 420 IPC on person-C and also on person-A sons.

Can I file a petition before majistrae asking to register 420 IPC case? I dont get justice at PS as person-C offered bribe to SI and SI definitely supports person-C (right now I dont have proof for it but it is true)?

If I file a petition before majistrate will it impact SI or any other officer at PS? (means does my private complaint causes anything against SI?)

Thanks,

Masthan

(Guest)

@Querist,

First you must write my name correctly in all your post.

(Guest)

@Querist,

First you must correct the spelling of my name.

Now coming to your query, YES, you can file a complaint before a magistrate by explaining the whole incident. In matter of establishment of charge,the discretion of magistrate shall be final.

Advice- Hire a local advocate who has good knowlege of CIVIL LAW along with CRIMINAL LAW. To effectively fight the case, the concerned advocate must have good knowledge of Civil law. Don't ignore. it.

[Last reply to this thread]

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

MASTHAN (Self employeed) 20 February 2013

Hi Sumitra Kumar,

Thanks for your reply and advice.

I will defintely take care of all suggestions that you mentioned in your last post.

Somehow the conversation is moving away from the actual question of the thread.

The question is, if I file a private complaint before majistrate, inspite of the fact that we agreed the deal before SI (the deal is oral and the deal is, the seller give us another land in the same premises in the next 6 months of time), will it effect SI ? or will it effect me (with respect to SI)?

Thanks,

Masthan