Terms and conditions -police officer can close a fir
Kishore
(Querist) 26 June 2013
This query is : Resolved
Respected Sir:
Sir I registered a FIR towards Forgery Case 2 years back regarding a bank cheque withdrawal and opening a fake account in my name. Police raided the bank and collected all the account opening documents and also collected the hand writing samples from me for verification.
The fraud was done by known team and I have given the suspects list. Two times they sent the police team to suspects place and just came back telling me suspects will come to the police station. I suspect suspects might have given some money to police to escape.
The withdrawal amount is few lakshs. Already police had eaten lot of my hard earned money for their trips to suspects place. Now they are telling suspects are not coming to police station to give their handwriting and signatures Samples, so they conveyed me they are going to close the FIR as not having enough documents. Many police officers are changing and every time new officer wants money to continue the case.
I suspect the above statement of threatening me that they will close the FIR is to extract more money from Me. So I would like to know from our expert forum members
1.Do the police officer have the capability to close the FIR specifying not having enough documents
2.What are the conditions to close a FIR by a police officer when the investigation is in motion form years
Regards
Kishore
Advocate M.Bhadra
(Expert) 26 June 2013
You should lodge a fresh complaint with reference to your earlier complaint to the Police Station and file a Criminal Case under section 156(3) Cr.P.C.in Magistrate Court charge with sec 420,427,467 and 468 IPC. If the police authority would not take your complaint as an FIR then you can file a petition u/sec.210 Cr.P.C.in the same Court.You can seek alternative relief by filing a Writ Petition under article 226 of Indian Constitution in High Court for in-action of Police authority.
Rajendra K Goyal
(Expert) 26 June 2013
Well advised by the expert Advocate M. Bhadra ji. Noting more to add.
Rajeev Kumar
(Expert) 26 June 2013
Bhadra sir has guided you well and nothing left for further addition.
Kishore
(Querist) 27 June 2013
Thank u Sir, but the existing FIR is still open & pending, the problem is they are not doing any investigation to collect the suspects handwriting samples. Once they obtain those then only they can send the samples for forensic verification. I am exhausted paying money for those police officers and spending too much of my office hours in the police station. Police officers purposely made us to roam to the police station multiple times again and again they act as if they are busy. But only intention is money. For Your advice i hope i have to find a advocate to file in the Magistrate court.
Kishore
(Querist) 27 June 2013
Thank u Sir, but the existing FIR is still open & pending, the problem is they are not doing any investigation to collect the suspects handwriting samples. Once they obtain those then only they can send the samples for forensic verification. I am exhausted paying money for those police officers and spending too much of my office hours in the police station. Police officers purposely made us to roam to the police station multiple times again and again they act as if they are busy. But only intention is money. For Your advice i hope i have to find a advocate to file in the Magistrate court.
Rajendra K Goyal
(Expert) 27 June 2013
You may meet the senior police officers and appraise full position.
Advocate M.Bhadra
(Expert) 27 June 2013
Your query was not clear,no case will be valid in same cause of action,if the FIR is already pending then you can complaint to higher authority of police for inaction of concerned Police Station.Otherwise you can file a Writ of Mandamus in High Court.
Raj Kumar Makkad
(Expert) 27 June 2013
After lodging of FIR, the further action is to be initiated by concerned IO within a period of 3 months of its lodging so better to wait for it.
Kishore
(Querist) 28 June 2013
Dear Sir,
The FIR was registered 2 years back, Each time i push the police officer they just do some kind of work, initially they raided the bank and collected all the bank open documents and cheque details, to open the account bank did not follow the minimum KYC, no introducer, Zero balance account, some others address proof, everything was fake, then police asked me to write additional statements to FIR including bank manger and cashiers as suspects including my list. Next when i pushed them they went to the suspects place and returned empty handed stating they will come to the station. Now they are telling suspects did not came to the station from long time to their handwriting samples, they no longer want to keep the case open and want to close the FIR stating not having enough documents. In this process i have visited different police officers more than 30 times. As Bhadra sir suggested i will try to go through the court now.
