Aravind Kumar Gunda (BOE) 04 May 2020

Complaint against the police officer

Respected Advisors,

This is regarding an action I would like to take against a police officer (Circle Inspector).

I approached the police station with a complaint along with all evidences in order to register a cheating case against my ex-girl for cheated on me in the name of love and promise of marriage.

I spoke to a Circle Inspector, he said to me that the cheating case is not made out and he said to me that girls can file cheating cases against boys. When I questioned him that why boys can't file cheating case against girls, then he showed his irritation and anger on me and called the constable ordering him to take my complaint and give me the acknowledgment (I got acknowledgement on March 13th, 2019) and CI suggested me to come back to PS the next day. I went the next day, the CI told me that he needs to take the legal opinion before registering FIR and he took me to the Assistant Commissioner Of Police officer at night (8.30pm), at there ACP went through my complaint and said to me the same that the cheating case is not made out and ACP said to me that he can't give approval to CI in order to register FIR and gave me a moral speech, he returned to me my evidences and kept my complaint with them and made me walk out. I was so confused with their dialog and behavior and couldn't be able to talk much with them because I was not aware of full procedure of police duties. In order to check with CI regarding how ACP said to me that he can't give approval in order to register FIR, I tried reaching out to CI on calls for few times but he couldn't respond to me.

I was very busy due to taking care of other matters, after six months September 2019, I phoned to CI in order to check the status of my complaint and said to him whether they are willing to register FIR or not OR will he give me the summary report regarding why he couldn't register the FIR, OR do I need to approach commissioner of police to give a complaint against him. Then, the CI suggested me to visit the police station with a fresh complaint and he said that he will register FIR immediately and investigate the matter. I visited the police station as per his suggestion and gave a fresh complaint, then the CI register FIR immediately u/s IPC 417, 420. The CI said to me that he will investigate the matter and will call me for more details which will require for the investigation but he never called me. The CI served 41a Cr.P.C to the girl, then the girl immediately filed a quash petition at HC praying not to investigate the matter and praying for stay all the proceedings. The HC dismissed her quashed petition directing her to abide by the 41a Cr.P.C notice and as per the HC order, the HC gave directions to the police to continue the investigation, but not to arrest the girl for 60 days and gave directions to the girl to surrender herself before the lower court and suggested the girl to move a bail petition before 60 days.

I thought, the investigation continues and I will get a call from the investigating officer asking for more details and evidences for the investigation in order to successfully prepare charge sheet but I didn't get any call from the IO, but instead the police closed the investigation due to LACK OF EVIDENCE and filed a closure report with all false statements against me projecting that the girl didn't love me and promise me for marriage and the closure report has been filed in the lower court praying to close the case due to LACK OF EVIDENCE. The lower court issued a notice to me in order to appear before the court, then I appeared before the lower court and prayed to the honorable magistrate that the closure report is completely false and I will file protest petition then the honorable magistrate gave me a month time, later lock-down period began, I will file the protest petition after the lock-down period.

After I went through the statements against me in the closure report, I phoned to Investing Officer several times in order to question him why he is trying to close my case and do to me injustice, then he said to me that he did his job, if I want to talk anything then I should go to the court and deal at there. When I questioned the IO regarding he calls me for more details and evidences for the investigation and I said that I didn't get any calls from him, then the IO said to me that he and his constables called me several times but I didn't respond to them even single time, its completely false what he said to me regarding calls. I got fed up with the IO now, so I would like to take a legal against the IO now, I have all call voice recordings with the IO from the day one, if anyone listens to those call voice recordings of the IO, then definitely anyone can understand that how unprofessional the IO is, his rudeness, careless, etc.

So, please advice me how can I take a legal action against the IO and what are the legal provisions I have?

Thanking you.

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7 Replies

Girish Kumar 05 May 2020

Aravind Kumar Gunda (BOE) 05 May 2020

Hi Girish Sir,

Thank you for your response!

Let me give you little more details of my matters.

I was in a relationship with my ex-girl for above three years, we both promised each other that we at any cost will have to marry each other. End of the day, she cheated on me by booking 5 multiple cases against me in different cities, in every case she made false allegations against me such as she didn't love me and promise me for marriage at any stage, she stated that she only treated me as a friend. Out of 5 cases against me, 2 cases got clear acquittal with out any benefit of doubt, the judgement says that those 2 cases have been proved completely false. In these 2 acquittal cases, she was taken evidence in the chief examinations where she completed stated false on facts under oath and during cross examinations she admitted all the facts that she loved and intended to marry me.

I have all evidences regarding our relationship such as photographs, videos, emails, chats, and certified copies of depositions of 2 acquitted cases and complete cases record of her false allegations. With these documents, I approached the police station in order to file the cheating case against her.

All my suffer mentally, physically, financial lose, career lose and huge reputation damage are in the documentary evidences. My ex-girl couldn't challenge my evidences. I am 100% pretty sure that, rest of cases against me will be clearly acquitted in the future, I can prove my case against her.

My story is very big, I couldn't put every details here, I am just writing the important requirement here for better understanding of the advisors so I could get some help from you all.

Girish Kumar 05 May 2020

I have gone through your query and my reply is that first of you have to draft a protest petition if the evidence collected by IO is sufficient for prosecution of girl accused. You should have to examine whether you can yourself have sufficient evidence than the same be produced with your protest petition. In case you are not in position to give evidence and the evidence can only be collected by police investigation, you can take recourse of 156(3)crpc. As far as complaint against police officers is concerned, if you think that he did not acted with due deligence and care, and was favouring to accused illegally, you can file a complaint against police officers to senior officer with PROOF and asked to register the complaint and in alternative seek sanctions for prosecution and file a case in court in criminal as well as civil side seeking damages for non action on his part. Please remember Police officers are covered under relevent Police Act in which limitation for filing cases is 2 months and with sanctions of competent authorities is one year. Please remember your case is serious so take a detail advice of a reputed lawyer with all materials. You can free to contact on my mobile phone no 9873777479. GIRISH KUMAR ADVOCATE SUPREME COURT OF INDIA NEW Delhi 110001

Aravind Kumar Gunda (BOE) 05 May 2020

Filing case against the IO with limitation of 2 months is first option and through prosecution sanction till one year is second option?

What if my limitation is over for filing case against the IO?

Can I still go for prosecution sanction in order to file the case against the IO till one year?

Girish Kumar 05 May 2020

3rd part of your earlier query with regard to your acquittal in cases filed by your girl friend is concerned you can file a suit for damages for wrongly prosecution and misuse of process of law as well as criminal complaint within prescribed limitation. Now expiry of limitation for filing cases against police officers is concerned they are protected. But at the same time I remind you to take legal opinion finishing all evidence properly. Don't proceed on the basis of online query and reply. This is on prima facie on academic answer which can be implemented with proper application of fact and law. Be careful. Thanking you GIRISH KUMAR ADVOCATE SUPREME COURT OF INDIA NEW DELHI 110001, 9873777479

Aravind Kumar Gunda (BOE) 05 May 2020

Sure, I will engage a reputed lawyer in order to file protest petition against the closure report.

As far as a case against the police is concerned, please see the below link regarding prosecution sanction.

https://economictimes.indiatimes.com/news/politics-and-nation/no-sanction-needed-to-try-government-servants-for-illegal-acts-supreme-court/articleshow/53117427.cms?from=mdr

G.L.N. Prasad (Retired employee.) 05 May 2020

Focus on the main issue, and never distract your attention on trivial issues and complicate a simple problem by bringing in additional officials in your struggles. If the police are not accepting, send such complaint first to Supdt., of Police by E-mail followed by Regd. post, wait for 15 days, and then seek information under RTI for reasons for not registering the complaint and status of the complaint, then through a competent advocate file a private criminal complaint.

By dragging police officials, you will be diverting your attention and resources on a matter which is not useful to you, when you have a certain issue to be tackled on priority.

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