Polic station complaint-rejected

Guest (Querist) 29 November 2011 This query is : Resolved
Given complaint in Police Station for dowry, harrasment. They conducted enquiry with me and husband. And forwarded the same to protection officer. Enquiry happended there also. And finally they have given order as "Move to family court" to deal the issue.

They are not understaing our mentallity. They just askd us to see in court. 1) Is there no other way, other than going to court?

2) Can the court take 498A against them?

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M/s. Y-not legal services (Expert) 29 November 2011
you have two remedies.,

1. by filing a direction petition before the high court, you can pray the high court to direct the respondent police to register the f.i.r and initiate the investigation.,(if prima facie made out mean) or

2. you can approach your concern judicial magistrate by filing the petition under section 156(3) cr.p.c

ajay sethi (Expert) 29 November 2011
the cops after investigation must not have found any primafacie case against your husband .

if you are disatisfied you can file complaint with magistrate under DV act andclaim appropriate reliefs .

consult a local lawyer

M.Sheik Mohammed Ali (Expert) 29 November 2011
yes, i do agree expert reply

ABHIJEET PARIKH (Expert) 29 November 2011
If Police are not taking ur complaint u can directly approach HC and pray b4 the Court following
1. That ur suffering with dowry and mental harassment U/s 498A
2. Write leeter to police stn before hand and acknowledge the same so u can produce in court as proof that u had indeed approached them
3. Pray to court that police is refusing to conduct inquiry for the same and asked to approach family court
4.pray to court that in case of domestic violence and mental harassment police should take cognizance for it and conduct inquiry

Shonee Kapoor (Expert) 29 November 2011
I agree with the opinion, that maybe a prima- facie case is not made out.

Regards,

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

Rajeev Kumar (Expert) 29 November 2011
I agree with the experts view

Devajyoti Barman (Expert) 29 November 2011
If there is no amicable settlement the court is the only option to adjudicate your disputes.

Guest (Querist) 30 November 2011
: ABHIJEET PARIKH -
I havethe CSR copy.. is the sufficient to create a case in court for it. Shoudl i raise in under Dv act or 200 cr.p.c?

Devajyoti Barman (Expert) 03 December 2011
yes you should/.

Shonee Kapoor (Expert) 06 December 2011
You should file it under CrPC 156(3) r/w CrPC 200.

Scope of DV is different.

Regards,

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

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