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legal_seeking_justice (TA)     10 June 2010

Action against police for no investigation on FIR?

I filed a PCR in the court in December 2009 and court ordered FIR to be registered. 

Since then the police only filed the FIR and has not taken any action or done any investigation what so ever? 

The court gave a date of march 2010 and on that I told the magistrate the same and he gave 3 months more to the police. 

Now next date of case is in June 2010, can anyone tell me what memo I should put in the court for no investigation by the police and for court to suo moto take cognizance and to take action against police. 

I have copies of complaints to ACP, DCP and commisioner against the police station for taking no action and for doing no investigation what so ever. 

Please let me know as soon as possible.

 



 12 Replies

Waseem (Junior advocate)     10 June 2010

hi, file a private complaint asking the magistrate to call for investiagtion under sec 156(3) of Cr.pc.and if still the action is not taken by the magistrate or on the order of magistrate no investigation report is submitted or if the court does not pass the order of investigation then u may file a writ petition before the honourable high court under sec 482 to excercise its inherent power and high court may then ask the magistrate to take cognizance and order police to conduct proper invetigation and submit report. or will ask the police directly to conduct the investigationa and present the report before the magistrate. 

legal_seeking_justice (TA)     10 June 2010

Thanks for the reply Mr Waseem.

Actually the magistrate did order investigation u/s 156(3) and an FIR was filed based on this order in December 2009. However since then no investigations have been done by the police till date. 

Intitially the court ordered them to submit report by March 2010, howver there was no report submitted, so court gave order for submitting report by June 2010. 

This is so wierd , no investigations being done and court just give extensions ? Any solution for this. 

Like what should be my strategy on the next day of hearing of the PCR in June 2010. TIll date police has done no investigations and hence no question of any charge sheet. 

Waseem (Junior advocate)     10 June 2010

sir,

as i have told u though the judge has passed an order n police has delayed in investigation.you have the liberty to file a writ petition before the honourable high court  under sec 226 where in u can make ur averments and ur grevience and even request the court to pass and order for expediate investigation as this delay is causing irrepairale damage to you.

u do one thing file a writ petition before the honourable high court and in that ask for interim relief related to investigation and also state befor the magistrate that u have field a writ petition. and if before the hearing date u can getthe interim order passed by the high court u can produce tht order before the magistrate and pressurise them to take immediate steps which they were boud to take.

legal_seeking_justice (TA)     10 June 2010

I guess you meant Article 226 of the constitution. Right ? 

akash bhatia (advocate)     10 June 2010

Whether the presence of accused before the Court of Session is mandatory during the hearing proceedings of application for cancellation of bail u/s 439(2) of Cr.P.C.?

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     14 June 2010

No, the presence of accused during the hearing of Anticipatory bail is not mandatory.

Anil Agrawal (Retired)     18 July 2010

What do you expect?

Police and courts to work?

You must be an incorrigible optimist.

legal_seeking_justice (TA)     18 July 2010

You have to be optimist to get your rights and to fight against this useless system. No other way out Anil. 

Bhartiya No. 1 (Nationalist)     18 July 2010

Police is supreme, who will take action against the Police.

Anil Agrawal (Retired)     18 July 2010

It is a two way traffic. Netas need the police. Police need the Netas.

The tree of corruption grows and grows and bears and bears fruit.

Devesh A. Bhatia (Advocate)     18 July 2010

You can file an RTI application asking for status of investigation in your FIR. Police will be forced to give you the status. 

SURESHKUMAR.S (ADVOCATE)     21 January 2019

Remedies available under law are,

1)  transfer the investigation -under 36 Crpc  to the SP and then if not , through HC under  482 Crpc

2) Writ of Mandamus-Under Art 226 - for Legal malice - from state, compensation for the delay, wrongs, damages etc  can be claimed  for its officer's breach of duty .

3) Human rights comeplaint against the erring police officer can be maintainable- if the police officer deliberately omits , to deal with the complaint. 


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