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F.i.r. has to be sent to nearest magistrate within 24 hours.

CRIMINAL TRIAL --- (F.I.R. to be sent to the nearest Magistrate within 24 Hrs.).



HINTS FOR CONSIDERATION with reference to the Crime No. 701/07 : C.S.R. No. 502 Dt. 25.09.2007 on the file of BATLAGUNDU Police Station ,Dindigul District of Tamilnadu in South India:-


(i).Offenders/Accused in the complaint being henchmen of powerful politicians and in a well understanding with the police officers of the Batlagundu Police Station, the complaint lodged at first was intentionally registered as a second complaint only after instigating the offenders therein to lodge a complaint against the complainant and his family members.

(ii).Complainant was compelled by the police (S.I. of Police, Crime) to alter the time of occurrence mentioned in the complaint by over writing, with a malafide intention of helping the offenders during the trial.

(iii).Inordinate delay of almost 2 weeks in sending the F.I.R. in crime No. 701/07 to the nearest magistrate whereas the F.I.Rs. registered thereafter had been sent therebefore to the J.M. Court of Nilakkottai.

(iv).The informant / complainant had filed a Copy Application No. 344/2007 dt. 04.10.2007 before the J.M. Court for issuance of certified copy of the F.I.R. in crime No. 701/07 registered in Batlagundu Police Station on 25.09.2007. It is only after being learnt that the said copy application was returned by the J.M. Court, Nilakkottai on 05.10.2007 with the remark “No such F.I.R. is received by this court” that the F.I.R. was sent to the J.M. Court by the Batlagundu Police Station.

(v).Final report has been filed by the Investigating Officer after 27 months from the date of registration of the criminal case. However, he never recorded the statements of the complainant and the eye witnesses so far (!).

(vi).The Investigating Officer has reported the complaint to be a false complaint / mistake of fact after a biased and partial investigation with an eye to shield the wrong-doers.

(vii).The offenders had threatened the complainant on 29.12.2009 through the above stated rowdy to face dire consequences in the event of moving any protest petition against the final report of the Investigating Officer in crime No. : 701/07 before J.M. Court of Nilakkottai.

(viii).Delay of 27 months in submitting the final report before the J.M. Court in Crime No. 701/07 is intentional and with an eye of defeating the purpose of re-investigation, if any likely to be ordered in the future, in view of lapse of long period of time from the date of occurrence.





F.I.R. to be sent to the nearest Magistrate within 24 hrs.

2006 (8) SCALE 433 and (2001) 3 SCC 147

(ii).Delay in investigation

Every effort should be made to avoid delay in the investigation and trial which is harmful not only to the individuals involved, but also to the Society. (Bombay High Court).

(iii).Criminal Trial

“Acquitting the guilty is as much doing injustice as convicting the innocent and both are to be scrupulously avoided” 2009 (2) Mh. L.J. 249 (Bom) (D.B.)

(iv).Inaction on part of Police

“Inaction on part of police authorities cannot be ignored nor can be pardoned. Shielding or trying to shield any wrong-doer itself is a serious offence and assumes more seriousness when it is committed by a person none other than from the police department. Mere disciplinary action in that regard would not be sufficient answer. Held, Court does expect the Government to take a serious note of this and to take appropriate action against the erring police officers and personnel”.

2008 (2) Bom. C.R.(Cri) 272


 4 Replies

Ankit @mka.asr (Prop)     20 August 2011


Dear Sir,

Thanks for giving me email address.

I need your valuable advice regarding dishonur of cheque.

1. In 2005 i have given 1 cheque to friend of my brother. That person is working as property dealer. Actually this postdated cheque was given by me as security. After 3-4 days i changed my mind to purchase that property.

I asked that person to return my cheque as am not intersted. He tried to insist me alot to purchase but i denied. He told me that cheque is misplaced somewhere. But later  he had sent me notice from Lawyer to claim 1 lac( which he already got from me). I didn't receive notice. Later he sent us registered post and we received it.

2.When that person told me that cheque is lost then i gave application to Banak Manager for stop payment of ful series of 10 cheques although i gave him 1 cheque only. I have never used rest 9 cheques after that. I have that Stop Payment certificate issued by Bank Manager, Statement showing bank charges for stop payment of 10 cheques also. I made stop payment before cheque bouncing.

3. Cheque was produced in my bank on 4th March 2005 date mentioned on Memo of cheque bouncing is 3rd March 2005.  The lawyer of petitioner is saying that its clerical mistake by bank. Petitioner didn't inform my bank about this clerical mistake.

4. Petitioner is claiming this amount as according to him this money was given to me as Friendly loan to construct my office (office address mentioned ). My office is rented property and i am not ownwer of the property.

5. After 6 years in 2011 bank officer has come for witness ( after almost 15 summons by judge) . He said that when bank gets cheque from party then ist they check funds in account. If its short of funds then they tick 1. Short of funds 2. Stop payment (in my case). But bank didn't tick Stop payment clause in Memo.

Statement of Complainant in court:

1.Complainant has admitted in his statement that he knows one bank official ( my bank branch) and that bank official has business relationship with him. 

2. He also gave statement that its Friendly Loan to me  for Construction of my office. My office is rented property and interior was done with Bank Loan of Rs 2 Lac from any other bank. I have Loan Payment papers also.

3. As at the time of Petition filing in court Complainant was not financially sound so he admitted court that 70% Loan amount was pooled by his father. His father didn't appear in court at all for his witness.

4. One of  Official in my Bank is Complainant's business associate. He admitted this in court.

I have given my written statement and now Lawyer of petitioner will cross question me in next date.

I need your valuable advice to prepare myself for next date so that i can answer properly to lawyer of petitioner.

I am waiting for your early reply.


why do you right so much against police and judges? why don't you write about lawyers mis behaviour. or is that you feel they don't do anything?

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