POLICE NOT RESPONDING TO POOR FARMER

Pramod Pawar (Querist) 05 March 2010 This query is : Resolved

A poor farmer X buy a secondhand motorcycle by verifying all documents and it also get transferred to X at RTO abad, mahrastra before one year; today also documents from RTO OFFICE shows vehicle belongs to x.
In the last month finance gang had forcefully taken the vehicle from X when x was on tour with his family at taluka place. police station incharge is not ready for filing FIR as finance gang claims that vehicle is financed by them initially. actually information particulars of vehicle from RTO of todays date shows no finance on vehicle . Also if finance is on vehicle i.e. on motorcycle then how the vehicle get transferred to X .my cury to Hon'ble expert is weather incident is of criminal or civil nature? what to do to file FIR of the incident.

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Pramod Pawar (Querist) 05 March 2010
ADDITIONS

X applied to police authority to file FIR against finance gang and/or past owner of motorcycle if he cheated to X by transfarring the vehicle without removing the finance.

Arvind Singh Chauhan (Expert) 05 March 2010
If really vehicle is not financed. He should seek the help of ciurt under Sec 156(3) Cr.P.C. to register the FIR.

B K Raghavendra Rao (Expert) 05 March 2010
Station House Officer of the concerned police station is bound to register your complaint and make an FIR. If he is not doing so, approach higher authorities.

Guest (Expert) 05 March 2010
the matter is of criminal nature.
1. you should ve file an FIR against them.
2 If concerning police officials refuse to register the FIR then give report to SP
3. If again the FIR not registered then file complaint under section 190 CR.P.C. in the jurisdiction of concerning Magistrate Court.

thanks

Raj Kumar Makkad (Expert) 05 March 2010
Sc has recently held that such finance agents cannot snatch vehicle directly from the possession of the subsequent buyer and due notice has to be given to him and opportunity of hearing is must. In the given case it is definitely as civil as well as a criminal case. Vehicle should be got back through criminal case and through civil case. compensation should be claimed with declaration that the vehicle belongs to X only.

Sukhija (Expert) 07 March 2010
I agree with expert makkad

Pramod Pawar (Querist) 09 March 2010
THANKS TO ALL GUIDING EXPERTS.
COMPLAINT OF PI abt not responding is already made before AURANGABAD SP.Hon'ble SP assured to ask PI abt the Incident.I will share the further consequences with Hon'ble EXPERTS.Hope for the same response,
AGAIN THANKS.
WITH REGARDS.

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