Advocate Shivchand Mishra (Lawyer) 22 January 2017

Police refusing to register fir

Dear Experts, Recently police has refused to note my FIR stating that the matter is sub judiced before high court Bombay but the matter is as below, I have filed a complaint against my builder for not executing conveyance deed since 5yrs (which according circular dtd 1.7.15) issued by IGP Maharashtra) is a cognizable offence and police can register FIR. Police has refused to register FIR stating that i have a matter pending before hon'ble high court Bombay. The actual court matter is as below, In 2014 i have filed a writ petition in hon`ble high court Bombay challenging the legality of 1 wing out of 3 wings of my building which is still pending and the matter is no where related to conveyance. Please guide cosidering above facts can I register the FIR against my builder?

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3 Replies

jyotirmaya behera (advocate) 23 January 2017

You can file writ petition ( criminal) under section 482 regarding in-action of police. ( this case is easy because High Court direct to IIC police station for registration of FIR)

You can file 1CC case before JMFC in your locality for in-action of police. ( here 1st you can to file affidavit on evidence thereafter cross examination thereafter direct to police for registration of police)

Jyotirmaya Prasad Behera

Advocate Orissa High Court

9861819294

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advocate praveen (prop.) 23 January 2017

Dear Shiv,

As per my understanding, the both issues are different to each other. Because one of the illegal wing in your appartment and another is related with convenyance deed. In this situation you have civil remedy.

Civil- you can file a suit for specific performance for executign his (Builder) part for executing of Conveyance Deed as per agreement.

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Advocate Shivchand Mishra (Lawyer) 23 January 2017

Thank you experts for your valuable comment.