Krishnaiah Krishnsiah 24 February 2022

Neither the police issue fir nor court is not taking on file due to work pressure

Dear experts,
Police not issuing FIR on a complaint in criminal nature and when a private complaint filed before the court not taking on file due to work force of course many is pending like me.
Then what is the remedy for aggrieved party?
Kindly advice on this.
Thanq in advance.

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Quick Summary

If the police are refusing to register an FIR for a criminal complaint, or if a magistrate is delaying taking on a private complaint due to heavy workload, there are still legal avenues available. One option is to file a complaint under Section 156(3) of the CrPC to the area magistrate, who can order the police to register the FIR or take cognizance of the complaint themselves. If this also proves ineffective, further legal advice should be sought to explore alternative remedies for the aggrieved party.

2 Replies

Adv. Mohit Chahal (Advocate) 26 February 2022

Dear Querist

File a complaint u/s 156(3) CrPC to the area magistrate. Magistrate may order the police to register a FIR or in the alternate take cognizance upon your complaint and will issue summons to accused persons after appreciating preliminary evidences.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site

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Krishnaiah Krishnsiah 26 February 2022

Dear Mohitchahala expert,

I thanq very much for your quick and kind response but unfortunately the magistrate not taking cognegence months together saying due to work pressure and not only for me ,there is so many private complaints pending like me.

Hence I posted the same for any solutions to the experts like your good Office.

Once again thanq for your response and any advice on the above.