I want to take necessary legal action on the police for not taking action on our complaints , Instead of filing private compliant under 156(3) , shall i file suit on the concern SP and Ins of Police for the negligence and claim damage from them
Sureshbabu (Advocate) 25 June 2012
I want to take necessary legal action on the police for not taking action on our complaints , Instead of filing private compliant under 156(3) , shall i file suit on the concern SP and Ins of Police for the negligence and claim damage from them
Dear Suresh,
For a complaint which you filed before Police on which the police authorities did'nt take any cognizance, you have a right to proceed by filing application u/s 156(3) Cr P C seeing directions from Court directing Police to register F I R and filing charge-sheet before court. However, as the said action of yours of lodging complaint before Police falls under Criminal law, Civil Law won't be of any use and won't serve your purpose ant suit won't be maintainable and in first go even if you prefer suit for damages as you said for negligence against SP and Police Inspector, the Civil Court will pass orders directing you to approach the proper forum which is Criminal Court and proceeding under section 156(3) or u/s 200 of Cr P C.
Sureshbabu (Advocate) 26 June 2012
Thank you very much sir