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Pushkar (Mr)     19 September 2013

Can police investigate same complaint again and again

 

Dear experts,

 

There was a criminal complaint to police against me in a property dispute in 2011. The police investigated twice on 2 applications by the complainant but said that there was no criminal offence and that the complainant can go to the civil court if he wishes and everything was in my favour. Thereafter, the complainant filed application under section 156 (3) with the JM. The JM dismissed the complaint and remarked in the order that this is a dispute of purely civil nature and as per directives the criminal law cannot be misused in such cases. After this the complainant filed revision in sessions court. However, during the pendency of the revision, the applicant filed another complaint with the same facts with the DIG police and the DIG ordered an investigation again. After this the complainant requested the sessions court to dismiss the criminal revision as he was satisfied with the order of the DIG. The revision was consequently dismissed. The police is investigating again and I have to provide the same documents again which I have done. But my question is that when the court has termed the dispute to be purely civil, can the police still continue to investigate the same complaint again and again. Hasn't the DIG erred by overlooking this fact and ordering investigation. He may well have been under pressure. I also suspect that the IO may have colluded with the complainant.

I want to know from the experts what I can do to stop this harassment again and again. Can I go to the DGP and request him to cancel the DIG's order for investigation again and direct the IO not to investigate the same thing again as this is against the court order and amounts to harassment for me. What other options do I have. Eagerly awaiting the suggestions from the learned experts of the forum as I am really fed up of this.



Learning

 1 Replies

sanjay (sales)     21 September 2013

I am not a lawyer but my sense tells me that maybe you should try your luck with the DGP .. the higher level officer may be able to help and if the lower officers are influenced or bribed, they will start behaving properly and cautiously . 


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