Section 448 or 454/457 of i.p. c
4WhatIsRight
(Querist) 19 August 2016
This query is : Resolved
I am from Jamshedpur but stay in Mumbai for occupational purpose.
On my recent visit to Jamshedpur, I found iron grill and window of my bathroom were cut open and valuables were missing.
Upon enquiry from security in charge, I learnt that my neighbour flat owner in my absence and without my permission had hired labour and got some plumbing work done alleging that water leaking from tap was damaging his flats wall.
I approached him to enquire that what exactly had happened or what work he got done in my house by breaking window grill.
He said he did what was required and I could do whatever I wanted to do.
Aggrieved I approached police to register a case under 454/457/380/120B.
Police visited p.o. and have registered a case under 448/380/120b.
There has been a theft after house breaking so which section it shall attract.
120b as he hired people for alleged work.
Will it be 448 or 454 or 457?
police should register charges under which section?
I named neighbour as suspect.
Devajyoti Barman
(Expert) 19 August 2016
The charges are right.
If the police is not making proper investigation then complain with its higher authorities.
You can move court also against police inaction.
Rajendra K Goyal
(Expert) 19 August 2016
Let the police complete the investigation. If not doing, may file direct complaint with the Magistrate.
4WhatIsRight
(Querist) 19 August 2016
Sir which charges are right?
448/380/120B or they should be 454/457/380/120B?
4WhatIsRight
(Querist) 19 August 2016
Police registered a fir under section 448/380/120B.
adv.bharat @ PUNE
(Expert) 19 August 2016
Police never entertain u for which section to be filed by them.
Let the police do the investigation then proceed further as advised by expert.
4WhatIsRight
(Querist) 20 August 2016
Police not proceeding with investigation.
Just registered fir, no forensic.
Plumbing in charge himself has come forward and told police in my presence saying that he hired 3 daily labours, not known to him, at behest of suspected accused.
Police ignoring.
Higher up prejudiced by I.o. that it is simple matter, fellow suspected that there was water leak in my flat.
What remedy do I have?
I.o. apparently acting under motivation.
Dr J C Vashista
(Expert) 21 August 2016
@ 4WhatIsRight,
Whenever you are summoned by the court you can raise your point(s) by IO. However, keep a track on filing charge-sheet (FR u/s 173 CrPC) and move an application to the court for all shortcomings.
What is the opinion/advise of your lawyer?
If you are a lawyer and it is your personal case, request "some" senior local lawyer to take care of your case, instead of proceeding yourself.
Instead of concealing your identity it would be better to disclose it.
Raj Kumar Makkad
(Expert) 21 August 2016
You are suggested to move an application under section 173(8) of Criminal Procedure ode before the Ilaka magistrate with the help of your lawyer and pray to ensure fair and impartial enquiry in the case. This application can even be moved to the higher police officials.
