About show cause against police for delay in taking action on a case.
anup neshti
(Querist) 14 March 2013
This query is : Resolved
with respect to the following,
my dad has an ancestral property in nipani, karnataka. a 3500sq feet property rented for office purpose to a company. but my dad was unaware of this agreement of rent. until recently when dad asked for the agreement copy in which my uncle had forged my dads signature. the rent has been paid to only uncle since past 5-7years.
my dad is a resident of kolhapur, maharashtra.
i want to know how & where can my dad file a case against this so that this isnt repeated again in future deals.also can i file a petition to check all the other deals my uncle has done by forging?
i would appreciate ur valuable guidance.
my mail id is anee98@gmail.com
thank you
we have filed a case against my uncle in the local police station on 7th feb this year. so far no action has been taken by them. we have repeatedly put down option of compromise put forth by both police and the other party lawyer. i want to know if there is anything we could do to ask police why they havent taken against our complaint.
also is there a way through which i could get the details of all the complaints against my uncle in the same police station, which i am sure there are plenty filed.
Raj Kumar Makkad
(Expert) 14 March 2013
You can file the police complaint at the place wherein the forgery was made or the forged documents were used which in the given case is Nipani in Karnatka only. If police do not take any action then file a criminal complaint under section 200 of Criminal procedure Code before trial magistrate.
Advocate M.Bhadra
(Expert) 14 March 2013
You can file a Writ Petition in High Court under article 226 of the Indian Constitution for in-action of Police Authority on residuary ground.
The Writ Petition is kind of a remedy given to people of India for enforcement of their rights against the Govt and its various agencies, and in exceptional circumstances, the Writ Jurisdiction may be invoked against private persons who are discharging functions which are essentially of public nature, or say directly concerned with public welfare.
anup neshti
(Querist) 14 March 2013
thank you for your valuable feedback.
:)
how much is the time duration usually given to the police as per law for taking action against a complaint?
and is there some way i could know of any other cases filed against my uncle in the same police station? would a RTI form help?
Raj Kumar Makkad
(Expert) 14 March 2013
You can use RTI to know the desired information through the office of SP of that District and not directly to the police station and there is no time limit for the police to complete its investigation.
anup neshti
(Querist) 14 March 2013
well, that is sad. so there is no way we could speed up the action.
that explains the millions of cases pending.
thank you very much for your guidance SIR.
You are helpful indeed.
good day!
Raj Kumar Makkad
(Expert) 14 March 2013
You shall have to file criminal complaint before local magistrate in the given situation instead of feeling sad. This is also a speedy process.
Raj Kumar Makkad
(Expert) 14 March 2013
Most welcome your appreciation otherwise.
M V Gupta
(Expert) 18 March 2013
Mr. Makkad has given the right advice. Hope u have a certified copy of the complaint filed before the Police. If not pl obtain a copy of the FIR filed by you. This will help ur Advocate to file a proper complaint before the Magistrate under Section 200 of the Cr PC.
anup neshti
(Querist) 18 March 2013
we are yet to get the FIR sir. the police hasnt yet lodged an FIR. we just have a LPT. now the police says we need to produce the property records from the municipal office stating that the property belongs to both of them. our stand is, we are ready to produce that record, not an issue, but why didnt the police inform us about it since past 1.5 months? and when my father's signature has been forged on a stamp paper, doesnt the complaint case stand, anyways? how can anyone use my fathers signature just like that? why arent they ready to register an FIR even?
what can we do in this case?
M V Gupta
(Expert) 19 March 2013
U should follow up with the Police constantly. As the complaint of forgery is a cognizable offence they should act. Pl produce the records as required by them and follow up.
Devajyoti Barman
(Expert) 19 March 2013
You can file petition u/s 156(3) crpc as well.
