Neeraj Kumar Giri (NA) 03 January 2014

Criminsl

Dear Experts,
Can an application under section 40 of Crpc, made to the DM or Police Officials in the below mentioned case.
I would like to know that if any body address an application to the District Magistrate or Police officer of the said jurisdiction about an commission of an offense which might take place, which was about unlawful assembly with equipped armory ,and if the aforesaid public servant ignore the matter and the same crime was committed after few days, then how to claim the apathy of the Public Servant.
Can any legal procedure is there to punish them.

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5 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 04 January 2014

Dear Neeraj Kumar Giri,

The query seems that you have seen the planning of crime, thereafter this crime has happened. You wrote a letter to concerned DM or police officials, if they failed to foil the crime despite knowing then the guilty. you can file RTI what action has been taken on your application, who was delinquent officials to whom application was marked for inquiry further you can file private complaint under section 200 Cr.P.C before local magistrate or Criminal Writ before High Court against the DM or police officials.

Rajiv Bhasin (Advocate)

Managing Partner

Bhasin Legal Consultants

www.bhasinlegalconsultants.com

E - mail:bhasin.laws@yahoo.com - Mobile 9811210505

Neeraj Kumar Giri (NA) 05 January 2014

Private Message

Subject : Section 200 of Crpc

Message :
Respected Sir, If I file a private complain u/s 200 of Crpc against the Administrative Officials, then the mere application made to them of commission of an offense would be sufficient to prove their inaction and apathy. Is it not adequate evidence with can prove their guilt?

And as such Section 200 of Crpc deals with Examination of Complainant. Can you illustrate in details please.

Thanking You.

Neeraj Kumar Giri (NA) 05 January 2014

Respected Sir,

If I file a private complain against the DM, to whom the information/application was made by me about the ongoing planing of wrong doing, then where to file the complain u/s 200 of Crpc against the Administrative Officials, and as well as the mere application made to them of commission of an offense would be sufficient to prove their inaction and apathy. Is it not adequate evidence with can prove their guilt?

And Section 200 of Crpc deals in Examination of Complainant and witnesses, so I shall be thankful if you illustrate the things.

Thank you.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 07 January 2014

Dear Neeraj,

You can get the FIR registered under appropriate sections of IPC through section 156(3) Cr.P.C read with Section 200 Cr.P.C. if magistrate was convinced then he will direct the police to register FIR otherwise he will proceed under section 200 Cr.P.C to prove your complaint through evidence for which you have to appear in witness box. It is well settled law that anybody can put the criminal law into motion. on similar basis departmental enquiry shall be conducted for their conduct of not performing their duty which they are duty bound to do. The Criminal complaint be filed to Chief Judicial Magistrate or you can file criminal writ before High Court for appropriate directions. It is better collect the evidence through RTI then file complaint / WRIT.