Regarding private case filing against inspector

Querist : Anonymous (Querist) 16 January 2024 This query is : Resolved
The Inspector has filed a false case on 08.12.2021.& remanded.

I have lodged a complaint against the Inspector.
to the state human rights commission on 15.03.2022. They have allotted only diary No.

After a long struggle with state human rights commission, chennai 600 028, I have received the case no under the RTI Act 2005.

Till now, they have not sent summons to appear before the state human rights commission.

The answer they given under the RTI Act is the reports called from Tamil Nadu, Tiruvallur District, SP, P Cephas Kalyan, who didn't give the reports for long time.

SP Cephas Kalyan, Tiruvallur District, does not want his subordinate Inspector c Martin premraj to be punished.

I have submitted an RTI application to Court Master, Public Information officer, State Human rights commission, seeking information Action taken report about the atrocities of Tiruvallur District, SP, P Cephas Kalyan.

Also sought the photo stat copy of letter sent by
SHRC seeking the reports called letter.

Is there any time limit for filing a private in the local magistrate court.

Can we ask the transfer of Petition from SHRC to any other court

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Quick Summary

This discussion addresses the process and limitations of filing a private case against a police inspector who allegedly filed a false case. It covers the complainant's experience with the State Human Rights Commission (SHRC) and the challenges in obtaining reports. The advice clarifies that while an SHRC complaint is a fact-finding process, a criminal complaint under Section 200 Cr.P.C. would be handled by a judicial magistrate. It also details the time limits for taking cognizance of offences under Section 468 Cr.P.C. and suggests options for civil or criminal action if evidence of tortious or unlawful conduct exists, including the need for a Section 80 CPC notice or Section 197 CrPC permission.

T. Kalaiselvan, Advocate (Expert) 16 January 2024
SHRC: It possesses all the civil court's authorities, and its proceedings are judicial. It has the authority to intervene in any action involving a breach of human rights. It has the authority to review and safeguard human rights protection.
The complaint filed before the SHRC is basically a case of violation of human rights by the police.
If you had filed a criminal complaint agaisnt the police inspector under section 200 cr.p.c. then it would have been entertained by judicial magistrate court, but the complaint before SHRC cannot be transferred to a court of judicial magistrate

Querist : Anonymous (Querist) 16 January 2024
I am 100% grateful to Kalaiselvan Sir for his guidance.
R Ramesh Kumar, Ponneri.

T. Kalaiselvan, Advocate (Expert) 17 January 2024
Thank you very much for your appreciations

S.JEEVAGAN, Madurai. (Expert) 17 January 2024
In respect of your doubt regarding the period of limitation for filing a private complaint before the jurisdictional Magistrate......

The period of limitation for taking cognizance of offences has been dealt with under section 468 of Cr.P.C. (1973) as follows:

a). Six months, if the offence is punishable with fine only;

b). One year, if the offence is punishable with imprisonment for a term not exceeding one year;

c). Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

However, there is no period of limitation for taking cognizance of offences punishable with imprisonment for more than three years.

P. Venu (Expert) 17 January 2024
A complaint made before the SHRC does not constitute a Civil or Criminal; SHRC is more or leas a fact finding body.

If the you have the evidence that the Police Officer's action had been tortious or other wise unlawful you have option for initiating a civil and/or criminal action. You need to serve CPC Section 80 Notice in the former case and permission under Section 197 CrPC in the latter case.

The newly enacted and notified BNSS has more liberal provisions as to getting permission for prosecuting public servants, but said Code yet to be brought into force.

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