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Kay (manager)     07 January 2011

How to file case against Local Corporator?

Hi,

My brother had got badly beaten for parking car in front of another car by that car owner and his goons, we filed case against car owner under 323 and police found out that owner of that SUV is local corporator from RTO; After this behavior of police had changed , they says there is nothing which can be done by law for this , and their job is done ,(they did not even ready to summon him/talk to him and say go to court and figure out yourself) they are also advicing us against to forget the case as their is no point going after local corporator as these people are very powerful. The reflection of thr power was that incident took place from 2 min of local police station.


I want to know what are our legal options?For a common man like us with no power and influence do we stand any chance ? shall we forget complaint and if we were to go to court  whats realistic chances? Is there anyway we can protect ourselves? If we want How to proceed and file case against corporator?



Learning

 9 Replies

unique horn (self)     07 January 2011

One way, you can file compliant to the higher officer in police department, and another is to file private compliant in court  to order the  police to file FIR and investigate the matter.

Sandeep Maurya (Criminal side)     08 January 2011

write a letter to the to sr. p.i of concerned police station and c.c. to higher officer like A.C.P. , D.C.P. , C.P. and take the ackonledgement of the u r letter .

if after this they are not taking any action then file compliant u.s. 156 (3) of Cr.P.C. in the court put all facts of the case in front of the court with medical certificate , letter etc. satisfy the court that prima facie there is cognizable offence . 

sharath (NA)     08 January 2011

You can go magistrate court and file a private complaint. and also bring to the notice of the court regarding the failure on the part of the police to take any action. the court has the power to take cognizance of the offence. apart from this if possible try to bring this issue to the local media or news paper. and also as mentioned above kindly write to the higher officials. oppoint any good advocate if necessary, justice will be done!

chanderKant Tyagi (Consultant)     08 January 2011

first complaint to the higher officials and send them a reminder after 15 days.  after a week of reminder. u can complaint to magistate under crpc 200 with 156(3).

Regards

Chanderkant

R.venkatesh Naidu (.)     08 January 2011

There is no problemnothing problem.

you go to file a private complaint under crpc sec.200 with 156(3) before concern judicial magistrate on that corporator and others.

you also mentioned that the police was not receive and filing fir in that private complaint. 

It is not necessary to inform the higher officials of the police department to refuse your complaint 


(Guest)

YOU MAY FILE A PRIVATE COMPLAINT TO THE CHIEF JUDICIAL MAGISTRATE COURT AND GET THE PROCESS ISSUED AGAINST THE ACCUSED.MENTION ALL FACTS AND THEN COURT WILL ORDER THE POLICE TO REGISTER THE CRIME AND INVESTIGATE THE MATTER.

IN CASE NO RESULTS FILE A WRIT PETITION TO THE HC.GOOD LUCK.

YOU MAY WRITE AND SEND DETAILS FOR FURTHER HELP.GOOD LUCK.

Kay (manager)     08 January 2011

Originally posted by :Sandeep Maurya
"
write a letter to the to sr. p.i of concerned police station and c.c. to higher officer like A.C.P. , D.C.P. , C.P. and take the ackonledgement of the u r letter .

if after this they are not taking any action then file compliant u.s. 156 (3) of Cr.P.C. in the court put all facts of the case in front of the court with medical certificate , letter etc. satisfy the court that prima facie there is cognizable offence . 
"

Thanks to all for responses. It was encouraring. Unfortunately we do not know how to get in touch in local media , being never required to go that way. Any ideas on how to do it?

Also Currently the FIR/complaint is against car and "unknown person in car" , do we need to file another FIR directly against corporator that now we know its identity? Police says thats not neccessary. Also police noted it as NC / non cogni offence in complaint so can it be changed now? Is there any provision for seeking protection in our complaint while sending letter?


we are in Pune so if anyone knows anyone willing to take it up we will glad to receive help.

kailash govind (lawyer)     09 January 2011

I agree with my learned colleauge Mr.Chandrakant, you should follow his advise u/s.200/156(3) Cr.P.C.

 

SACHIN AGARWAL (ADVOCATE)     10 January 2011

The Police has lodged the case under section 323 IPC, which is a non cognizable offence becaus eof which the Police is not taking any action. You can go to Court and seek permission for investigation in the matter.

 

The Police can investigate this matter only after Court's directions.


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