INVESTIGATION
INDIAN
(Querist) 13 July 2013
This query is : Resolved
Respected Experts , On filing 498a Complaint my husband refused to lived together and police is not registering the FIR with reason I have filed 125 and my husband HMA13. Police is saying that as already court cases are there so they can not register FIR. Is it true that if other matrimonial cases r there then 498a can not be registred ? I doubt that opposit party must have bribed to reader of the DSP as he is always favoring to opposit party. Now what can I do to register the FIR thru police ? My advocate is saying that we can file the writ in HC if police will not register the FIR . How much help ful is this thru HC ? Kindly reply.
Adv Archana Deshmukh
(Expert) 13 July 2013
You are filing 498A case after 2 litigations so your 498A is seen as a mere harrassment tactic by the police so they are not registering the FIR. If there was indeed harrassment and you want to persue the case then, you can file a private complaint in the court under s. 498A, there is no need to move to the high court.
Raj Kumar Makkad
(Expert) 13 July 2013
If police is not registering FIR, file criminal complaint before the local magistrate with application under section 156(3) criminal procedure code.
Nadeem Qureshi
(Expert) 14 July 2013
Dear Querist
file a criminal complaint u/d 156(3) of crpc before criminal court.
Sudhir Kumar, Advocate
(Expert) 11 August 2013
repeated http://www.lawyersclubindia.com/experts/police-investigation-404941.asp#.UgeSoX_QyVE
