Upgrad LLM

police complain or directly to magistrate ?

Director

I wish to to file a cheating case against an influential builder in Mumbai.

Is it necessary to file an FIR with the Police, or is it possible to straight away file a criminal case against the builder in the Court. I have evidences like allotment letter and correspondences with builder firm.

I want to adopt that approach that will not  enable the Police to get influenced by the builder.

Thanks

 

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Register the FIR in police station. If police does not register the FIR then approach to the court.

 

Also file petition in Consumer court with Consumer Protection Act.

 
Reply   
 


legal advisor

you can even make a complaint directly in the magistrate court but its better to file with police first and if they  refuse to file fir then you can move to the court to file complaint

 
Reply   
 
Director

After filing the general complain, how long should be awaited for any action by police before exercising the alternative option of approcahing the Magistrate.

 
Reply   
 
legal advisor

if the police after registering fir doesnt act then you can make a complaint to the higher ups ( dcp or acp) forĀ  directing the io to take action over the fir.if still nothing is working you can approach the court for a direction order to the police for expedious action

 
Reply   
 
PRIVATE PRACTICE

you may file case before criminal court u/s 200 Crpc. but after GD entry before police station

 
Reply   
 

Sir,

A similar case on me .A fellow complainant writes a false  complaint alongwith false MLR  and hands over to local police Chowki incharge ASI. He does not approach SHO. ASI   asks me to appear in police Station.I did not go but he came to my house to inquire about this case /complaint ( this was counter blast  to assist his friend and force me to compromise in another case where i was main prosecuting witness).  After verbal inquiry IO ,ASI takes no further action and not even a DDR has been written as IO being local knew it to be a false complaint .  Now complainant filed complaint with SDJM saying police did not act hence he files a complaint  under 156 (3) for action for directing SHO to register FIR under 323,324,341,342 & 506.  Will the absence of DDR in police chowki or even SHO office help me in any way in proving that case is false ?How can I get the DDR or diary book officially to prove my case.Please advise.Thnx.

 

 
Reply   
 

It is always better to give complaints first to SHO concerned, then to SSP and finally to Magistrate. Only after following these prerequisite your complaint stands admitted in court of law along with affidavit, mandatory as per Priyanka Srivastava judgement.
 
Reply   
 

It is always better to give complaints first to SHO concerned, then to SSP and finally to Magistrate. Only after following these prerequisite your complaint stands admitted in court of law along with affidavit, mandatory as per Priyanka Srivastava judgement.
 
Reply   
 
RETIRED JUDICIAL OFFICER

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x