Fir not registered by police


Hello, my sister died due to poison.I known & got correct information from relative& other that my sister's husband hand in the death.Then I filed complaint in police station to file FIR against her husband but they denied that & told me now the AD case is going on so, can't file the FIR for the same. In this case from last 3 months I am keeping the watch on my ex brother in law with my friends from Nagpur , his movement is suspicious & I know he did all the things. After 1 month of her death I file rit petition in high court to provide the direction to file FIR against him under IPC302 & it is ongoing. But I know police got the money from him & that's why they are denying to file FIR & investigation too. please provide any suggestion regarding above query.
 
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Retired employee.

One can only file complaint, and the copy given by authorities is First Information Report.  If you have already filed complaint, you are entitled to FIR copy as a right.  Almost all police depts., have to place FIR in their website.

If you have not yet filed complaint, please file it immediately under copy to Supdt., of Police and wait for a month, and then file application seeking information on action taken on your complaint and also seek copy of FIR.

 
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Hello, Thanks for the reply. I have already filed complaint 2 months ago, but till date I haven't receive the FIR copy from police, that's why we went to high court to provide the direction to file FIR against the person. Also I have given 3 times copy to commissioner of police but no action taken by police. I am following up with them but I always get the answer like AD investigation going on so, can't file the FIR. Any suggestion what needs to do next.
 
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Advocate

So you may pressurise the writ petition for an expeditious disposal through your advocate and wait for the outcome based on which further course of action can be decided.

 
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Advocate

Rightly advised by Learned Mr. Kalaiselvan, I agree with him. Mail your complaint addressed to the Commissioner of Police on-line and request him to treat the complaint as F.I.R for future reference.

 
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Thanks for providing supportive reply. last week High court given direction to go to lower court (Magistrate) for direction to file FIR.I had given 3 times complaint to police station as well as to commissioner of police to file the FIR against the person but still there is no reply from police authority. They informed me that AD investigation is going on so, they can't file the FIR. Now I need to know further course of action I need to do from my side so, that at least police can file the FIR.
 
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advocate at lucknow

file Application U/s 156(3) Cr.P.C. before magistrate, But before this give that application (Complaint) to S.S.P. of concerned district.
 
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Retired employee.

You have already done what ever you can, but very very late.  Now continue your efforts and enlist support of Womens' organisations that may help you, as they have seen several instances and are a collective force.

 
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Hello, Thank you abhishek & Prasad for your valuable reply. I am in process to file the application under U/s 156(3) Cr.P.C. before magistrate. I would like to ask you what is the benefit to give application to SP or CP before magistrate? Because I have already given 3 application or complaint to CP then I went to High court but no response from them. I will contact woman organisation for there support in my case.
 
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Retired employee.

We can not do everything expecting positive results but certain basic formalities must be adhered to.  If the matter appears before Court, all your efforts to avoid litigation and to get things in normal course are reflected in the correspondence.  I do not know whether there is a scope for filing contempt petition for not commencing investigation, and whether there are any rules specifying the period within which investigation has to be completed in each case in your state.   Some states have prescribed time frame.

 
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