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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 June 2021

Once an FIR has been filed the police are legally bound to start investigating the case. ... Once the investigation has been concluded the police will record all their findings in a 'Challan' or charge sheet. If it is deemed that there is enough proof on the charge sheet the case goes to court.

Nirali Nayak   24 June 2021

Hello sir, greetings of the day.
As per your query, if you have lodged an FIR and no satisfactory action has been taken by the police, you can refer the following steps for further procedures. 
You can write an application to the Superintendent of Police concerned, under clause 3, Section 154 and Section 36 of the Criminal Procedure Code. To take action in case of a cognizable offence, the police can either investigate the case himself or direct any police officer subordinate to him to investigate the case. 
You can also approach the corresponding magistrate. The magistrate 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 will check on the duties and actions that are performed by the police. If the Magistrate finds that the police has not performed its duty at all, or has not done it satisfactorily, then he can issue a direction to the police to take necessary action and will also monitor the same. After the investigation gets completed, the police officer has to submit the charge sheet without any unnecessary delay. No action or investigation by the police officer can also be questioned on the ground that he was not empowered to do so in this regard.
You can also file a complaint with the State Human Rights Commission or the National Human Rights Commission (NHRC) about the inaction of the police for the complaint filed. Facility to register and monitor the progress of the complaint online to the injured is also provided by The National Human Rights Commission. 
Hope this helps you.
Regards
Nirali Nayak
Law Student

Vasundhara Singh (Student)     29 June 2021

 Hello!  

If you have already filed the FIR and no action has been taken by the police then you can go for alternate remedies. You can write an application to the superintendent of the police under Section 154 and 36 of Criminal Procedure Code, 1973 who can either investigate the issue himself or direct any subordinate police officer to investigate.  

Another option you have is to complain directly to the magistrate under section 156(3) or any authorized second-class judicial magistrate under Section 190 of the Criminal Procedure Code. He can direct a police officer to investigate the case or take cognizance of the case by himself depending on the facts and circumstances of the case. You can also file a direct complaint with the magistrate under Section 200 of CrPC which is signed by the complainant, the witness and the magistrate.   

It has to be made sure that the offense is of serious nature as the court does not entertain the petty matter and if the case seems civil; you can approach a civil court.  

Regards  

Vasundhara Singh  


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