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Troubled Hubby (support )     19 February 2014

Fir registered and no action taken

Dear sir,

Based on the complaint of domestic violence and wife thrown out of matrimonal house a complaint was lodged at police station police have registered FIr Under sec 498a and 3/4 of DP act in january . police has taken the icognizance of the offence but till now no investigation is done or the accused have been arrested . police is not ready to take the investigation as the accused person is  big shot and vice president of a hindu samaj.

previously a complaint was registered and a compromise was reached in police station and the accused had agreed to provide a monthly compansation to the victim but still there were case of domestic violnece and he has stopped paying the compensation also

Based on this wife  who is uneducated and from a village with help of a social Sangha approached SP and got the FIR registered d but till now there is no progress in the investagation the fir was registereddon jan 6 

Now can we register a private complaint to the JMFC court under secunder sections 200 and 156(3) of the Cr.P.C., read with sections 498a and DP act 3/4 of IPC to direct the police to investigate at the earliest.

since the lady is from poor background and alone whose parents died recently due the truama they faced and she is left with no residence 

 

 

 



Learning

 1 Replies

Chellapandian (Legal Consultant)     19 February 2014

Dear Mr TH,

 

To answer your legal doubt:

 

From a Procedural perspective FIR is already registered ,whereas  "Sec 200 crpc  and 156(3) " are helpful  in case an Investigation authority fails to convert an eligible complaint into an FIR where by Hon'ble Judicial Magistrate can take Private complaint and can direct IA  for Investigation(prior or after registering FIR) .

 

To answer to your case:

 

In order to expedite the investigation process there are few options.

For that  you should first ask the question "how much is the delay so for by IA in filling charge sheet ?"

We can decide on the following options after we establish the "reasonable delay from the IA".

1) We can invoke Inherent powers of Hon'ble HC  through Sec 482 of CRPC to get directions to expedite investigation.

2) We can invoke Inherent powers of Hon'ble HC  through Sec 482 of CRPC to get directions to change IA (e.g L&O to CB CID etc) (truely based on gravity of the offence and faults on IA)

Thanks,

Chellapandian.K


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