Sec 156(3) on counter gde

PARTHA SARKAR (Querist) 11 March 2012 This query is : Resolved
Kindly advise on the folowing situation:

1. A false GDE registered neighter at my own jurisdiction nor her own jurisdiction. Filed at execution Court jurisdiction mentioned "……on 20.12.2011 when the petitioner went to Alipore Court for taking information about the Restoration case suddenly the O.P. alongwith two unknown persons chased the petitioner alongwith her cousin brother. The O.P. and two other persons tried to take them away forcefully and threw filthy language and obscene posture to them. On raising alarm O.P. & other two persons managed to fled away. At the time of their departure, they treated the petitioner with dire consequence. For the safety the petitioner lodged an F.I.R. at Alipore police station bearing No. P.S. GDE No. 1962 dt. 20.12.2011”

2. I have registered couner a GDE on 25.02.2012 enclosed all supporting documentary evidance after harrasment by the said PS.

3. Due to above I wrote to Commissioner of Police, Kolkata.

4. On 05.03.2012 they have issued a acknowledgement memo mention "Neocssary steps are being initiated for redressal of your grievance/grievanccs".

5. Kindly advise this GDE will be vital for me to get at the truth if they do not convert it as FIR I need to file 156(3). Which section should I quote? sec 182, 211 or which other relevent sections of IPC?

Follow Query

Report Abuse

Shonee Kapoor (Expert) 12 March 2012
You can not register 182/ 211 through this route.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

PARTHA SARKAR (Querist) 12 March 2012
Kindly guide me how to proceed in case inaction of police?

V R SHROFF (Expert) 12 March 2012
Sufficient time passed, and Police failed ti regd FIR

So go to court file 156(3).

Adv.R.P.Chugh (Expert) 12 March 2012
182/211 - are not cognizable and can be taken cognizance of only when the public servant/court concerned complains, as regards other grievances 156(3) is there.

PARTHA SARKAR (Querist) 12 March 2012
Sir,
Kindly advise how to frame 156(3) in this regard. Though it is too long but I need help to get justice. Hence I am inserting the write up below: Kindly advise me:

1.

To
The Officer-in-charge,
Alipore Police Station, Alipore,
Kolkata.

Subject: Prayer for taking cognizance under section 182 and/or other appropriate provisions of IPC against lodging of false complaint.

Ref: Complaint lodged against me by my estranged wife at Alipore Police Station vides GDE No. 1962, dated 20.12.2011.

Sir,
I, Partha Sarkar, S/o. Narayan Chandra Sarkar, resident of Shivam Apartment, 8/84A, Netaji Nagar, Flat No 7, 1st Floor, P.S. Patuli, Kolkata – 700092, had married on 06.05.2007 to Smt. Alpana Das nee (Sarkar) who is a resident of Vill. Hazipur (Mahinagar), P.O. Beltala park, Dist. Dakshin Dinajpur, W.B. Pin. 733103.

On 20.12.2011, my estranged wife Alpana had lodged a false compliant against me vide GDE No. 1962 dated 20.12.2011 at Alipore Police Station. On the basis of that GD she has filed a divorce suit on 06.01.2012 under section 13 of Hindu Marriage Act, 1955 before the Ld. District Judge, Balurghat. She has mentioned in the divorce petition “……on 20.12.2011 when the petitioner went to Alipore Court for taking information about the Restoration case suddenly the O.P. alongwith two unknown persons chased the petitioner alongwith her cousin brother. The O.P. and two other persons tried to take them away forcefully and threw filthy language and obscene posture to them. On raising alarm O.P. & other two persons managed to fled away. At the time of their departure, they treated the petitioner with dire consequence. For the safety the petitioner lodged an F.I.R. at Alipore police station bearing No. P.S. GDE No. 1962 dt. 20.12.2011” certified photostat copies of the said divorce petition are enclosed herewith. It is pertinent to mention that on 19.11.2011, the hearing date of the above mentioned decree execution case, court officer of the Ld. 12th Additional District Judge, Alipore gave next date for hearing on 21.01.2012 in presence of the Presiding Officer. On the above date 19.11.2011, in the court premises Alpana along with her brother and advocates had threatened with dire-consequences accordingly I have filed an affidavit duly notarized to the said Ld Court (certified copy enclosed). Thereafter I applied on 30.01.2012 for certified copy of orders of the above decree execution case and on 04.02.2012 the same was delivered to me. On perusal of the certified copy, I found no steps had been taken by my estranged wife on 20.12.2012; though she has mentioned in her divorce suit that she had come to the court for taking information on restoration case.

I was seriously ill and suffering from a serious viral fever from the period of 18.12.2011 to 24.12.2011 and was under medical treatment. Due to high fever and other fever-related complications, I was not able to move outside during the period of my illness. The doctor’s advice and prescriptions dated 18.12.2011 is enclosed herewith.

It is pertinent to mention that my estranged wife has deserted me since 09.02.2008 following which I moved court and filed a case for restitution of conjugal Right u/s 9 of Hindu marriage Act, 1955 on 12.06.2008. As she did not turn up not even once in the court, the Ld. Judge was pleased to pass an ex-parte order in my favour on 29.07.2009 (copy enclosed) directing her to live at her husband’s house. But even though 2 years have passed and I tried to persuade my wife to come and join me, thus she defied court order and did not join me at Kolkata. I have sent through speed post the said ex-parte order along with letter of intimation to Alpana at her father’s house. On 31.03.2010 her father had received the same and signed on the acknowledgement card for Alpana Das (copy enclosed). Finally I filed RCR decree execution case on 13.06.2011 under Order 21, Rule 32 of CPC before the Ld. 12th ADJ, Alipore, Dist. 24 PGS(S) bearing Matrimonial Execution case no. 6671 of 2011. Alpana personally has attended the above case and submitted show cause reply (copy enclosed) by stating that she wants to comply with decree. In the said reply to the court Alpana, made unfounded allegations against me. This instant suit is pending and next date is fixed for 01.03.2012 for hearing. On 14.11.2011 I have filed a Misc case for perjury, arising out of the above M. Execution case at the same above mentioned Ld. Court under section 340 of Cr.P.C. read with other various sections as mentioned in the IPC. This instant case is also pending and next date 31.03.2012 is fixed for hearing of the petition (Photostat certified copy of day to day Ld. Court orders are enclosed herewith).

During pendency of the above mentioned cases, on 05.11.2011 she has lodged complaint case before the Ld. Chief Judicial Magistrate, Dakshin Dinajpur, Baurghat under section 406 and 499 of IPC. Still I have not received the notice (enclosed information slip of the court). It is worthwhile to mention that Smt. Alpana Das has obtained Schedule Caste certificate and subsequently secured WB State Govt. Job through misrepresentation and fraud. In this connection the Divisional Commissioner, Jalpaiguri in his report (copy enclosed) has mentioned “on secret inquiry, it revealed that they did not belong to S.C. It has been also found that none of them has seen them adopting/adopted the custom of ‘Jali Kaibarta’ community i.e. fisherman”. This certainly indicates clearly the conduct of a person being malicious and her intentioned are malafied.

That on 06.01.2012 most surprisingly, my estranged wife has filed divorce suit vide Mat suit No. 06 of 2012 at the Ld. District Judge at Balurghat through the strength of the above mentioned false GD though still I have not received court summons. However, I have taken out certified copy of the plaint (copy enclosed). Till date she has suppressed the facts of the above mentioned cases from the Ld. 12th Additional District Judge, Alipore and is still continuing to attend the execution case in Kolkata. Finally she has threatened me through messenger that in case I file written statement or start to reply or contest the said divorce suit at Balurghat, she will lodge 498A, against me and my old and ailing parents along with my unmarried sister.

In this context I may mention that she and her family members have been continually giving threats and have created mental trauma to me and my family members since last 2008 till date. From time to time by various ways either over telephone or thorough messenger, they have been persistently threatening us to implicate in a false case under section 498A of IPC. I have intimated these facts to the concerned authorities and to my local police station accordingly as far as possible and the details of such letters are as under:

1. Prior to visiting of my father to bring Alpana to Kolkata at her matrimonial home my letter addressed to the Inspector Incharge, Jadevpur police station, Jadevpur, Kolkata, dated 01.05.2008.
2. Prior to visiting of my father to bring Alpana to Kolkata at her matrimonial home my letter addressed to the Chair person, WB Commission for Women, 10 Raini Park, Kolkat – 700019 dated 05.05.2008.
3. My complaint vides GDE No. 712, dated 09.07.2010 addressed to the Officer In-charge, Jadevpur police station, Jadevpur, Kolkata.
4. My letter addressed to the SP, Balurghat, Dakshin Dinajpur, dated 03.08.2011 the same has been received on 08.08.2011.
5. My complaint vides GDE No. 317, dated 04.09.2011 addressed to the Officer In-charge, Jadevpur police station, Jadevpur, Kolkata.
6. My letter addressed to the Inspector Incharge, Patuli police station, Patuli, Kolkata, dated 11.10.2011.
7. My letter, dated 12.12.2011 addressed to the Secretary, Department of Women & Child Development and Social welfare, Govt. of WB, Writers Building, Kolkata – 700001.
8. My letter addressed to the District Magistrate, Dakshin Dinajpur, dated 12.12.2011.
9. My letter addressed to the Inspector Incharge, Patuli police station, Patuli, Kolkata, dated 12.01.2012.
10. My letter addressed to the ADG of Police, Law & Order, dated 05.01.2012 Writers Building, Kolkata – 700001.
11. My letter addressed to the Commissioner of Police, dated 05.01.2012, Lalbazar, Kolkata – 700001.
12. Direction from the Joint Secretary of Police, Headquarters Kolkata vide memo n. 3156/RPT, dated 07.02.2012.

In service to the nation can Alpana act against the service rules and the code of conduct of the employee prescribed by the Govt.

Being a law abiding citizen of India I have every right to defend the allegation made in the said impugned suit to prove myself not in guilt.

In the above context, kindly do the needful as per section 182 or other appropriate provisions of the IPC or as Your Honour deems fit and proper.

Regards

PARTHA SARKAR
Date: 25.02.2012. ADDRESS: Shivam Apartment, 8/84A, Netaji Nagar, Flat No 7, 1st Floor, P.S. Patuli, Kolkata - 700092. Mobile: 9038506359/9681353300.
E-mail: sarkar.partha@rediffmail.com

Enclosed Photostat copies as described below:
1. Certified copy of divorce petition filed at Balurghat court on 06.01.2012.
2. Doctor’s prescription dated 18.12.2011.
3. Certified copy of affidavit dated 19.11.2011 filed on 21.11.2011 at Ld. 12ADJ, Alipore.
4. Information slip of complaint case under section 406 and 499 of IPC lodged at Balurghat.
5. RCR Ex-parte decree in my favour under section 9 of Hindu Marriage Act, 1955.
6. Letter of intimation along with postal acknowledgement which the ex-parte decree was sent.
7. Show cause of Smt. Alpana Das dated 28.07.2011 submitted, Ld. 12th ADJ at Alipore.
8. Certified copy of Order’s on RCR decree execution case pending at Alipore court.
9. Divisional Commissioner, Jalpaiguri’s report.

2.

To
The Commissioner of Police,
Head Quarters, Kolkata Police,
18, Lalbazar Street, Kolkata.

Subject: Harassment by the Alipore Police Station and neglectful attitude towards taking action on my compliant.

Ref: Alipore P.S. GDE No. 2405, dated 25.02.2012 (Copy enclosed).

Sir,
With reference to the above mentioned Compliant vide GDE No. 2405, dated 25.02.2012, I had visited Alipore Police Station at about 6.30 PM for lodging an FIR along with a complaint letter with all supporting as enclosures. In the said letter I have mentioned everything in details and the concerned duty officer after going through the letter had refused neither to take my complaint as FIR nor even take the same as GDE.

I had requested several times and meet Additional O.C. also but all are in vain. He was also warned me if they take cognizance on the actual complaint my estranged wife may lodged compliant against under section 498A of IPC. Finally, the concerned officer received my complaint by embossing rubber stamp “received on 19.00 hrs content not verified…… dated 25.02.2012”. Moreover, I have been informed that section 182 of the IPC is a non-cognizable offence and it is also a matrimonial issue so police will treat it as general complaint without seriousness. The respective officer also added that I must think about myself in case if they take action she may lodge complaint under section 498A of the IPC against us. I have mentioned in my said complaint section 182 of IPC along with and/or other appropriate provisions of the IPC.

However, the concerned authorities also added that the complaint against women seldom concluded by punishment despite her serious faults. Accordingly, the duty officer informed that “first we will enquire into the matter than we will give you GDE No”. I have repeatedly requested them that my estranged wife has come from Balurghat to Kolkata beyond of any knowledge to lodge complaint against me on the manufactured false facts exclusively for the purpose of filing of divorce suit. Most surprisingly you have not raised any question nor made any enquiry on her compliant till date after accepting the said GDE.

Therefore, having no alternative I had left the Alipore P.S. without lodging of FIR or GDE. On 8.40PM, I have received a phone call from telephone no. +913324791021 to my cell no 9681353300 from the said P.S. and been informed that my “GDE No. is ready I may note it down now or may visit the said P.S. and can get an embossed the office stamp with other details”.

I did not have any other alternative to get justice except to face such harassments. That time I was on the way to my home but immediately had turned reverse to reach the said police station. At about 9.20 PM, I was reach at the said P.S. and get emboss with seal and other details with officer signature on the said received copy of the complaint letter which they could have given me earlier. However again I have been informed that I need to move to court as section 182 of IPC is non-cognizable offence.

In such situation I am in doubt the said PS will take any action on my above mentioned complaint or if they take cognizance I may face adverse consequences. Therefore, I felt it wise to keep you abreast of the background with reference to my abovementioned GDE.

Regards

PARTHA SARKAR
Date: 27.02.2012.

ADDRESS: Shivam Apartment, 8/84A, Netaji Nagar, Flat No 7, 1st Floor, P.S. Patuli, Kolkata - 700092. Mobile: 9038506359/9681353300.
E-mail: sarkar.partha@rediffmail.com

Copy to:
1. The Deputy Commissioner of Police, South Division, 34, Park Street, Kolkata - 700016 for information and taking necessary action.

Enclosed Photostat copies as described below:
1. My Complaint letter addressed to the Officer In-charge, Alipore Police Station, Alipore, Kolkata – 700027 along with GDE details.

3.

!
GOVERNMEI{T OF WEST BBI{GAL
OFFICE OF TI{E COMMISSiONER OF POLICE
PUBLiC GRIEVANCE CELL
18, LALBAZAR ST]TEE|, KOLKAIA-7OOOO 1.
Memo No... .;. *Sd t.A..(e-g{ nut"a....Q..#- P.9. L t. 2...
10
In acknowledging receipt ofyour comptaint dated......... .*.1.1.q.2.1.2A.12.....rn,
istr.rinlonnyouthatthccomplainthasbcenrcgistcredbearingN".lZT.g13 1P*Qr0*ttf tZ.
Neocssary steps are being initiated for redressal ofyour grievance/grievanccs.
Please reler 1o thc aforesaid registrastion No. in future for aclministrative convenience.
Yours sincerelv.
-o,rfJlgik, L o8"' '
Public Grievances Ceil, S I/ ec, u-'tt
r.atba:zar
"!lr flc^tt_