Help for fir needed

 Sir,

Thank you very much for your reply.

 In fact POA does not exist (I never issued any POA) and this fact was confirmed by the Sub Registrar's office.

Further this fact only was helpful in getting order from ACJM under 156/3.

 Now FIR is registered but before starting any investigation,  investigating officer is insisting that I visit him personally at police station for my statement (Bayan) and is not accepting my written & notarized statement with photograph, which I sent by regd. post to him.

I am too scared to visit area as I have started getting threatening calls and also now, I have just come back from India two days back.

What options do I have so that he accepts my statement (already sent to him) and starts investigations as per FIR?

Please advice.

Dear Mr.Bharat,

In view of apathy of IO and Police Deptt. to your case - In such circumstances - you should in the fitness of things approach the magistrate again via your lawyer u/s 156(3) itself, a magistrate has the power not only to order registration of FIR but also has to MONITOR investigation to ensure that it is free and impartial and informant is harassed or arm-twisted. You can place reliance on the supreme court decision in Sakiri Vasu v. State of UP (2008) SC.

Good Luck !

Adv. Bharat Chugh

Sir,

Thank you very much for your reply.

However, the question remains that under the law:

1. Can investigating officer accept my written & notarized statement (Bayan) sent by regd. post?  If yes but is refusing in my case then what is the remedy?

2. If he cannot accept my written & notarized statement then what are the options left with me.

Sir,

Yesterday I had a long telephonic conversation with IO at roorkee India from Mauritius. He is still insisting for me to visit India, whereas I have just two days back returned from India.

The reason he is rejecting my written & notarized statement, is that anybody can get notary done by paying 100 rupee and how does he be sure that picture is mine. Therefore, I plan to send him same statement duly certified by INDIAN HIGH COMMISSION, MAURITIUS.  Is it a valid remedy? (But on the phone he out rightly rejected the idea)

Further, which is the best remedy, to approach magistrate through 156(3) or high court? Roorkee being very small city my advocate does not practice law at nainital high court. Pl advice.

Sir,

I am thankful to you all for very informative replies.

However, I am confused as I have been advised two different remedies for the same problem that is IO not accepting my written notarized statement sent by post.

1. To approach ACJM.

2. To approach High court.

If ACJM has power to direct the IO to accept my notarized statement & ask him to conduct fair investigation then why the need to approach HC.

Also, can I move ACJM first and if do not get proper relief then can I move High Court.

My problem is my advocate does not practice at Nainital High court.