Theft
V.N.K. MENON
(Querist) 07 October 2016
This query is : Resolved
Under the directions from the court u/s 156(3) FIR was filed for theft u/s 379/34 IPC and the ball is in the court of Police now.
Now the query is IN THE EVENT the police does not take appropriate action by taking bribe from the accused, as is the general happenings, what remedy I can avail. If at all I have to approach the trial court again under what law I can do so.
Do I have a right to approach High Court directly?
Considered opinion from experts shall be highly appreciated.
adv.bharat @ PUNE
(Expert) 07 October 2016
Menon ji It is my kind request to you not to see the police action in on direction. They will take the action definitely give them some time.
All our figures are not the same in size like wise remove your superstition that every body is corrupt and not take any action.
You can't directly reach to Honer able High Court unless u got justice from the lower authority.
If u appreciate my solution then will u give THANKS on my LCI profile?
Ms.Usha Kapoor
(Expert) 08 October 2016
You approach Highcourt through filing a writ of mandamus to register the FIR and prosecute the accused. To this effect Writ court issues directions to the trial court to register an FIR and investigation and Charge sheet etc. If you appreciate my answer please click the thank you button on my profile.
Ms.Usha Kapoor
(Expert) 08 October 2016
You approach Highcourt through filing a writ of mandamus to register the FIR and prosecute the accused. To this effect Writ court issues directions to the trial court to register an FIR and investigation and Charge sheet etc. If you appreciate my answer please click the thank you button on my profile.
Rajendra K Goyal
(Expert) 08 October 2016
Follow through lower court.
You can approach High court.
Kumar Doab
(Expert) 08 October 2016
look into advice from Mr. Goyal.
V.N.K. MENON
(Querist) 09 October 2016
I am grateful to LC and experts for their valued opinions. In the past also LC has been a good guide.
Once again thank you all
V.N.K. MENON
(Querist) 09 October 2016
Ms. Usha Kapoor - Writ mandamus is a good route in the contingency. Thank you.
Kumar Doab
(Expert) 09 October 2016
You are welcome.
Dr J C Vashista
(Expert) 09 October 2016
Since FIR in the case has been registered, IO/SHO is duty bound to investigate and submit report to the Magistrate, just follow and coordinate with IO.
Writ of mandamus is no solution, I respectfully disagree.
