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Dr Ramesh Yadav   09 August 2021

For dishonesty and inactive ness of Police Officer

I am submitted a written complain in the year 2018 for Criminal tress passing, cheating and forgery and offence is also made out in 2019 but Investigation officer do not submitting his report to Deputy commissioner of police. Only he is misguiding by saying excuses by saying that " My report is not completed just give me few days more " to me and as well as to his superiors. Kindly guide me what can
I do against the Investigation officer. I went to Deputy commissioner and given written complain against him but nothing is happened. Please suggest where should I go against him to complain, to set up against him departmental enquiry.


 5 Replies

Dr J C Vashista (Lawyer)     10 August 2021

Whether FIR has been registered or not ? If yes, seek status report through the Trial Court.

G.L.N. Prasad (Retired employee.)     10 August 2021

If you have resources go for a private criminal complaint against the accused.  Send a registered post the grievance to Supdt of police, wait for a month, seek action taken on such grievance through RTI, and then contact an advocate for exploring the ways to get relief by filing writ mandamus.  In all such cases, generally, the police have their own reasons to delay simple issues and they simply close the issue as a false complaint, and then after receiving such closure report, you have to once again make multiple visits to court hall for decades.

1 Like

Kevin Moses Paul   17 August 2021

As per your query, let me tell you that If on receiving the status of the complaint after the complaint has been filed for a reasonable time, a person discovers that no action has been taken by the police on the complaint, the person can follow any of the following procedures:-
1.) approach SP or any Senior Official (something you've already done),

2.) approach appropriate Magistrate that has competent jurisdiction over the concerned matter,

3.) filing of a Criminal Complaint, and/or

4.) approach the HRC.

Since, you've already approched the senior officials of police department, I'm leaving a precise descripttion about the rest of the procedures and its functions, for you to understand and follow:-

⭕ Approach the Magistrate ----
Approaching the corresponding magistrate, who under the provision of clause 3, Section 156 of the Criminal Procedure Code, 1973 or any second-class magistrate empowered by the chief judicial magistrate under clause 2, Section 190 of the Criminal Procedure Code, 1973 can check on the duties and actions performed by the police.

This is very crucial, as in case the Magistrate finds that the police has not performed its duty at all, or has not done it satisfactorily, he can issue a direction to the police to take necessary action and can monitor the same.

⭕ Criminal Complaint ---
A criminal complaint can also be filed under Section 200 of the Criminal Procedure Code,1973 which provides for an examination of the complainant and the witness upon oath. It is written and is signed by the complainant, witnesses, and by the Magistrate.

⭕ Human Rights Commission (HRC) ---
A complaint can be filed with the State Human Rights Commission or the National Human Rights Commission (NHRC) about the inaction of the police for the complaint filed.
The National Human Rights Commission provides a facility to register and monitor the progress of the complaint online to the injured.

The complaint can be filed by filling your details, victim’s details, and incident’s details, violation of human rights or negligence in the prevention of such violations, by a public servant in the complaint registration form of the National Human Rights Commission.

However, if a person still doesn't seems to be satisfied then he/she can file a writ petition in high court under the provision of Section 482 of the Criminal Procedure Code, 1973.

Hope It Helps

Regards
Kevin M. Paul
1 Like

G.L.N. Prasad (Retired employee.)     17 August 2021

@ Kevin M Paul:  Sir, is there any precedents that NHRC entertained in action against police for Criminal tress passing, cheating, and forgery, as I know instances of AP HRC rejecting the complaints stating that no human rights violation is involved and asked the complainant to explore other avenues.

 

Kevin Moses Paul   18 August 2021

Originally posted by : G.L.N. Prasad
@ Kevin M Paul:  Sir, is there any precedents that NHRC entertained in action against police for Criminal tress passing, cheating, and forgery, as I know instances of AP HRC rejecting the complaints stating that no human rights violation is involved and asked the complainant to explore other avenues.

 

Very rightly said Sir and I totally agree with the same. But here in this case, I've asked the aggrieved party to approach the HRC with a complaint of harassment that he's suffering due to the late back and negligent attitude of the IO and not for any sort of human right violation. This is because an individual can approach the HRC for any harassment he/she suffers due any government official. 

For instance, in one such case HRC entertained the matter where people complaint against police harassment. The particulars are "Harassment and Torture of Jagannath Shaw by the RPF Staff (West Bengal) [Case No118/25/2002-2003] 

However, there won't be a need to reach out to the HRC if the complainant/aggrieved party acts in the manner illustrated above. Once, an individual appears before a Magistrate stating the incompetent activities of a police officer the Magistrate takes the cognizance of the matter in his control and orders the higher officials to get the particulars complete. Thus, if the complainant in this case approaches the Magistrate for assistance the matter will come to an end because then the Higher Police officials as well as the Magistrate will compel the IO to submit the report within a week.

So, most probably the querist will have to approach the HRC regarding the matter, as it will be dealt by Magistrate, but there is a need to give the complete information along with alternative approaches that can be taken in case it's required.

 

Thanks & Regards

Kevin M. Paul

 


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