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legal_seeking_justice (TA)     06 January 2010

CRPC section under which applicataion for warrant to court

 FIR was lodged in police station on the order of the court, but the police has not taken action for more than 16 days.

Under which section can I approach the court for issue of warrant against the accused and for action to be taken by the police? 

Please help this is urgent. 

Someone suggested section 309 crpc but i am confused on reading 309 as it does not look like it can be used. 

 

 



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 11 Replies

shamina sayed (Advocate)     06 January 2010

Dear,

on next date of your case,move an appclication through your advocate before the concerned majistrate  asking the concerned police station to furnish reasons for not taking appropriate action.if police not acting on courts order it is contempt of court.

N.K.Assumi (Advocate)     06 January 2010

Section 309 CrPc operates in different areas, that is at the commencement of trials, so there is no need to get confused. your case is still at the embryonic stage, that is the setting of criminal machinery into motion. At this stage, I would suggest that you follow the advise of Shamina, and also appraised your position to the Superintendent of Police of your areas regarding the supine slackness of the Police.

legal_seeking_justice (TA)     06 January 2010

 Thank you Ms Shamina and Mr Assumi,

Problem is that I had earlier given complaints to police station myself, and then to commissioner , but no action was taken. 

Because of no action for long and for a physical attack on me I went to court and showed them my previous complaints and court ordered registration of FIR and investigation under 156(3) and gave them 2 months time.

FIR was registered within a day. however even after 16-17 days it does not look like police has any interest in the case as they are not doing any investigation in the case. What do I do.

Does as a complainant I have to keep requesting the police for help and investigation again and again? 

Does a citizen have no right to live freely in this country without fear.

Is there a way for me to approach court again and ask for help and expedition of the matter. 

Please advice

 

 

 

 

shamina sayed (Advocate)     06 January 2010

Dear,

Now you got what you wanted.yes FIR.already lodged!as you told your next date is after two months.just wait.have paience.now you got nothing to do.what ever has to be done is to done by police.let them do their job.even if they choose to be idle.let them.you always have remedy.as i told you on next date tell the court to ask reasons from the concern police station to furnish reasons why they have not till date arrested accued persons.

S.B.adil rahman (Legal Consultant )     09 January 2010

Is arrest mandatory? If the detention is not justified with the cogent grounds then it may backfire. Please go through section 220I.P.C and discuss. Let there be an academic discussion on this issue. Supreme Court is very clear on the matter of Arrest and has discouraged random arrest simply because the name figured in F.I.R. In F.I.R any one can be made accused and the police has to register  the same also. But if the investigation does not warrant the arrest then Police may not arrest the person also.

legal_seeking_justice (TA)     09 January 2010

I am not looking for arrest, I am looking for justice and if court after trial comes to conclusion that they have done crime they should be punished. right? 

My problem is police not doing any investigation even for threat calls on my phone number for which I have given the numbers from which I have received threats. The telephone company does not keep records for long.

So can I approach court again and ask for orders for telephone company to give me details as the police is not taking any action. 

Please advice under what section can I approach court again. Last time my complaint to court was under section 340 crpc.

S.B.adil rahman (Legal Consultant )     20 January 2010

Threat is a non cognizable offence. You can file a complaint under section 506 IPC with the area magistrate. You can also submit a paryer before the Learned Magistrate for issuance of summons under section 91 CrPC upon the telephone company to produce the records of the calls made on your phone. I think that proper approach will yield the result.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     04 February 2010

AS PER THE AMENDED Cr.P.C.  ARRESTIS NOT COMPULSORY, I AGREE WITH ADIL RAHMAN.

sweta singh (n/a)     04 February 2010

y dont u disconnect ur phone and take another no.!!!

legal_seeking_justice (TA)     05 February 2010

 very funny sweta.

police officer says if some one is troubling you why don't you change the city , you say change the phone. This is exactly the attitude because of which misuse of law gets unpunished. 

Anyways I thank you all specially Ms Shamina, Mr Rahman and others for your valuable inputs and i look forward for justice in this Indian legal system ..... 

S.B.adil rahman (Legal Consultant )     05 February 2010

A simple way for the relief to the complainnat, in my opinion  is the filing of a petition before the area magistrate praying for seeking a progress report from the police  made so far in to the complaint. This will prompt the police to record a case, if it is cognizable and not recorded earlier. The alternative remedy is to make an application under Section 6 of the RTI Act 2005 seeking information on the fate of the complaint, progress made so far and administrative reasons for not recording the FIR (if not recorded in a cognizable case)under section 4(1)(d) RTI Act. This will bring the things in the knowledge of the superiors who are generally the PIO of the department. The third remedy is the lodging of the complaint with the Human Rights Commission since  your quality of life as enshrined in Article 21 is affected for the non / inaction of the Police. If you are a woman you can also move to the Women Commission or if from SC/ST then before the SC/ST Commission or if from minority community then to Minority Commission. A more drastic step is to file a case against the police under section 201 IPC read with the offence which you have complained of. The delay in recording the FIR and not initiating investigation  is causing the disappearance /destruction of evidences since the valuable records of telephone calls are likely to be erased from the computer system of the telephone company aftre certain duration which will be fatal for your case. There are mulifarious paths to get a work done .The fact is that you or your representative should know to hammer the accurate  joints. Jeff Cooper , US Editor, Guns & Ammo magazine who him self once was an US Marine officer had said that "The police cannot protect the citizen at this stage of our development, and they cannot even protect themselves in many cases. It is up to the private citizen to protect himself and his family, and this is not only acceptable, but mandatory."


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