Atr filed without proper investigation

aayush kuchhal (Querist) 11 January 2023 This query is : Resolved
I have filed a Complaint before the Magistrate under Section 156(3) crpc. The IO has filed ATR stating the case to be of civil nature. On the bare perusal of ATR, it can be seen that proper investigation has not been carried out.

Though after making arguments before the Magistrate, the Magistrate has directed the IO to again file a fresh ATR.

If the IO will file the ATR without any proper application of mind again, what will be the best alternative remedy available to get the FIR registered

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Quick Summary

A user filed a complaint under Section 156(3) CrPC, but the Investigating Officer (IO) filed an Action Taken Report (ATR) claiming the case was civil, despite evidence suggesting a criminal matter. The Magistrate ordered a fresh ATR. The user is seeking advice on further legal recourse if the IO fails to conduct a proper investigation again. Experts suggest filing a protest petition and potentially meeting the SSP to change the IO, while also advising consultation with a local lawyer for specific guidance.

Sudhir Kumar, Advocate (Expert) 11 January 2023
you have to protest again.

In the meanwhile you may meet the SSP with request to change the IO.

You have not at all disclosed as to what is the case. Therefore, it is difficult to comment whether at all contention is IO wrong or not and if wrong then on what aspect.

aayush kuchhal (Querist) 12 January 2023
My client has made certain recurring deposits with a company for a period of one year. After a point of time, the company stopped collecting further deposits and did not repay the collected amount. On being inquired their mobile phones were switched off and their addresses were fake.

Sudhir Kumar, Advocate (Expert) 12 January 2023
facts now revealed by you indicate criminal angle to the case and the contention of police seems wrong.

Dr J C Vashista (Expert) 13 January 2023
Did you move written protest petition before concerned court ?

aayush kuchhal (Querist) 13 January 2023
I have not moved any protest petition as of now. Can you please elaborate as to what I should write in the protest petition?

Sudhir Kumar, Advocate (Expert) 13 January 2023
It is you who knows the facts.

Dr J C Vashista (Expert) 14 January 2023
It is better to consult a local prudent lawyer with relevant records for proper appreciation of facts and circumstances of the case and professional advise,

P. Venu (Expert) 18 January 2023
Yes, you can move protest petition and if need be, approach the superior courts.

Dr J C Vashista (Expert) 19 January 2023
You are required to mention all facts and law applicable on the subject which cannot be dictated on this platform.

aayush kuchhal (Querist) 19 January 2023
Thank you all the experts for the prompt guidance.

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