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Chetan Gupta   19 February 2022

police is not taking my case seriously, than what can ido next

myself Chetan Gupta I given application to the Chandauli police in a civil fraud in which the whole sum of rupees 100000 fraud had been committed by the people but police is not taking my case seriously the phone numbers of all the offenders is still on but this is not listening me a fali then what what kind of actions in online mode can I take against police so so he may take it serious


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 2 Replies

Advocate Shivchand Mishra (Lawyer)     19 February 2022

You can forward your complaint to SP of your district and even if SP fails to take cognizance, file a case before magistrate and obtain order u/s 156(3) directing police to register FIR and investigate the matter.

Mayur Shrestha   19 February 2022

Dear Querist, (1) As Fraud is considered to be a non-cognizable offense under statutory laws of Penal Code and procedural laws an FIR cannot be registered for the same because the police officers cannot make arrests without a proper issuance of a warrant, as FIRs are only lodged in cases of cognizable offenses, i.e. rape, dacoity, theft. (2) Further, you need to submit a complaint to the Judicial Magistrate/Metropolitan Magistrate U/s. 156(3) of CrPC which empowers the magistrate to issue an order for an investigation into the said matter. Thus, without this complaint made to the concerned magistrate, the police officer cannot register the FIR without the prior permission of the magistrate. (3) Additionally, you can approach any senior officer or the Police Superintendent and submit your complaint in a written format, and after going through the same he may direct his or her subordinates to file an FIR on the said matter to initiate an investigation. (4) In the case of State of Haryana v. Bhajan Lal, 1992 (1) SCC 335- The complaint was filed almost after 2 years from the date of institution of suits by the appellants, hence the court found that the continuation of the present proceedings would amount to an abuse of process of law.

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