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Narayana Swamy (security)     19 February 2020

Police always filing petty cases instead of fir

Sir,

In our locality, one person is habituated in doing unlawful activities by managing local police station and repeatedly commiting crimes like attacking on social workers,threatening,obstructing social activities in the locality. When ever any resident give complaint in local police station against that person, the police is filing only petty cases not filing any FIR and now four petty cases are registered and that accused just paying fine in the court and coming out and again repeatedly doing crimes.

We are unable to know, why the police is not filing FIR againts this person. What we have to do to get FIR registered against that accused ?

Thanks,

Narayana Swamy



Learning

 11 Replies

Akshay   19 February 2020

Hi

Thank you for your question

sec 154 of crpc define FIR ( First InformationReport) - If police registered a FIR than police becomes duty bound to perform investigation on that , I do understand your anxiety in sec 156(3) magistrate has right to told the police to make action on it and register the FIR.

Hope this will help you

Bedst regards, 

Akshay Gupta

Narayana Swamy (security)     20 February 2020

Sir,

 Thanks for the reply. Please let me know the difference between filing a Petty case FIR and also let me know in what circumstances petty case and FIR booked ?

  In our  case, wnen the offender do manhandling by causing injury even after producing producing MLC also Police not at all fing FIR but filing petty case and in some cases after giving police complaint, without filing petty case or FIR , police smply keeping the complaint pending by saying that "GD entry is made,investigation is going on " 

 

Please help.

Thanks,

Narayana Swamy

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 February 2020

1. IF Police is not registering FIR, THEN you can file private criminal case under the relevant applicable IPC sections, with supporting documents, evidences & witnesses.

 

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 February 2020

You can submit complaints through digital police portal. details as follows.

https://digitalpolice.gov.in/ncr/rdr.aspx?viewtype=1Therefore, the State Police are mandated to deal with all crime occurring in their respective jurisdictions. In view of this, all complaints on this portal will be ...

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 February 2020

You can submit complaints through digital police portal. details as follows.

https://digitalpolice.gov.in/ncr/rdr.aspx?viewtype=1Therefore, the State Police are mandated to deal with all crime occurring in their respective jurisdictions. In view of this, all complaints on this portal will be ...

Real Soul.... (LEGAL)     20 February 2020

If the society is really depressed and scared of such secum just go togather and meet the higher police offiicail and District magistarte too  with written complaint. Highlight the issue in social media and  above all file a joint complaint  before the magistrate

Real Soul.... (LEGAL)     20 February 2020

*together  ,,,,,,,,,,,

Dr J C Vashista (Advocate)     21 February 2020

As the police is ed to have been lodging complaints and forwarding it to Court, which is stated to be mild where accused gets out with minor penalty, did you file any protest petition against the charge levelled, proceedings andstat holding guilty before imposing fine ?

Dr J C Vashista (Advocate)     21 February 2020

Unbelievable statement.

How the Court can impose fine / penalty / any other punishment on the accused without a FIR ??

Dr J C Vashista (Advocate)     21 February 2020

It is advisable to consult a local prudent lawyer with relevant documents for appreciation of facts/documents, professional guidance and necessary proceeding

P. Venu (Advocate)     21 February 2020

Yes, even a petty case requires that FIR be lodged.


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