Unreasonable delay at mmc
Anonymous
(Querist) 03 February 2013
This query is : Resolved
Around 4 months back, I have filed a pvt. complaint u/s Sec. 156(3) of CrPc at a Metropolitan Magistrate Court (MMC), against the police for not registering an FIR and delaying investigating an offence under Section 467, 468 and various other sections of the IPC. The alleged parties have also been made as respondents. However, there has been only been an unreasonable number of postponements of hearing dates at the MMC (5 times) in this period, without even a single hearing being successfully heard on any hearing date.
Please advise on how to expedite the matter and make it time-bound.
Thanks,
Raj Kumar Makkad
(Expert) 03 February 2013
If your grouse was against the private parties then police might not have been impleaded as accused persons and due to this only reason, the proceeding might be hanging there. I suggest you to implead only relevant accused persons in the complaint and withdraw your complaint against the unncessary persons so that court may take action accordingly.
Advocate M.Bhadra
(Expert) 03 February 2013
You can file a petition u/sec.210 Cr.P.C.in Magistrate Court to conduct speedy investigation into the matter and call for report,failing which you can file a Writ Petition in High Court for in-action of Police authority with party added to the accused person.
Anonymous
(Querist) 04 February 2013
I had already filed a Writ Petition in High Court against the police for their inaction for a substantial time. However, the High Court mentioned that it did not wish to interfere in the exercise of writ jurisdiction. However, all other legal options were left open to me by the HC, after which I filed a pvt. complaint at the MMC, who then has only been postponing hearing dates for unreasonable no. of times.
As it is four months already now since the filing at MMC without a single hearing actually having taken place, could I now file a Writ Petition in High Court against the MMC for inaction and case delay, and pray to the HC for directing the MMC to order the police for conducting a strictly time-bound investigation and subsequent reporting?
Please advise.
Thanks,
