Assault
p phipson
(Querist) 05 July 2014
This query is : Resolved
There was some verbal altercation between members of a co-op housing society.one of the lady members called her husband on her mobile and he came in his car with two outsiders/ strangers at breakneck speed and drove into the Society.
The three of them beat up some society members needing hospitalization for one and outpatient treatment to three other.
The problem is that one of the strangers had a "knuckle duster" on his hand and he used it on the hospitalized member.
Police refused to file an FIR on this criminal assault till the DCP was approached.
After 8 days a NC statement was taken down but nothing has come out of it.
Is not a "knuckle duster" an assault weapon requiring arrest of the user?
Devajyoti Barman
(Expert) 05 July 2014
Serious offence is made. I am surprised why FIR is not registered why DCP is to be approached.
Though you can file petition u/s 156(3) crpc in local Magistrate Court get FIR registered, I would advise to go to high court against Police inaction.
Rajendra K Goyal
(Expert) 05 July 2014
Move to court u/s 156(3) for getting FIR registered.
Biswanath Roy
(Expert) 06 July 2014
File a Writ of Mandamus under Article 226 of the Constitution of India alleging that the Police Officer of the local P.S. refused to register F.I.R against the culprit and thus they as public officer holding public office neglecting to discharge their statutory duties as enjoined upon them and thereby acted in gross defiance of Natural Justice.
