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Santosh (Prop)     03 April 2015

Police investigation in crpc 156(3)

Dear All,

An order was passed by the honorable court and was asked local police station to investigate the matter. IO in-charge of the case initially assured to keep us updated of all progress in the investigation. As soon as the accused were called for investigation the IO started showing his colours by harassing us by every means. As the accused are very strong persons by way of political contact, police influences and in terms of money also. Now the IO has started investigating against us and is forcing us to withdraw the case by all ways and if we don’t do this he will arrest me or mu family member for some good reason. It’s been almost more than 6 month the matter is still pending under investigation at the local police station. 

  1. What should I do in this scenario ?   
  2. What is the time required by IO to submit the charge sheet ?
  3. Can the IO arrest me or any of my family member for some reason ?      
  4. Is it possible to withdraw the case ? and do settelment with the accused ?
  5. Status of the case in the court is shown as “DISPOSSED”. What does this mean ?
  6. Is it recommended to change the IO and Police station ?
  7. What steps shall I take to ensure that me and my family doesn’t get affected by this case ?

Kindly, guide the on the case and situation



Learning

 7 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     03 April 2015

In your case After the order passed by Hon'ble Court . Police duty is to investigate the matter and send report  to Hon'ble Court . Thereafter court shall take cognizance of the matter accordingly.

At present as police is delaying the investigation and pressurizing you . You can move before the same  court with an application seeking prayers that investigation to be completed t the earliest as per the directions of the Hon'ble Court and accordingly court can direct police to register F.I.R against the respondents. 

 

Regards,

Adv.NIKHIL SETH 

Mumbai

9867264707

Seetharamreddy Kancharla (Student)     03 April 2015

Hi you didn't mention about the complaint details and what type of crime it is. Any have you can file the protest petition before the same magistrate under section 202 CrPC and explain the same to the magistrate in the form of grievance and mention the Citation Sudharshan Vs State of AP Police. the magistrate will take the cognizance if it is fit case.So in future if you want to ask any question you have to mention what is your complaint and other details as well.

                    At the same time you can approach the SP to the concern district and give a complaint on the IO and he will take the action on the IO immediatly. other wise just call me on 07842706862 from 7 AM to 8 PM regular days.  i can help you little bit.

BS Rangi (President)     03 April 2015

Sirs,

In case of Mr Kochhar case at Pinjore,Kalka,Distt Panchkula.Judge ordered lodging FIR under CrPC 156 (3) on 20.09.2014.FIR No. 202 dt 02.10.2014 was lodged under IPC 323,506.Details of case ; Case was an assault on senior citizen 70 years  by young burly fellow aged 38 years double the size of victim,He is President of association who      snatched important file and his gold ring after thrashing him..No direct witnesses are available due to influence of President thru coloniser ,(corporate body ).However circumstantial evidence can prove the case if handled by lawyer cleverly.  IO conducted inquiry and reported to Judge that case is false and Koi Chashamdeen Gavah nahin hai.SHO Pinjore did not even arrest the accused .IO kept pressurising for compromise which we did not accept

Options for victim now is : 1. Approach same court under CrPC 202 to take the case under its wings for carrying out further investigation as police is compromised.We have lost faith in police.

2.   Is there any other option available to victim.

Please advise.

Santosh (Prop)     08 April 2015

Seetharamreddy Kancharla Sir,

 

This is a forged signature and forged documentation case, if u wish i can send u the case papers. kindly let me know your email id or source through i can send this papers

Ajay Paplu (Lawyer)     06 June 2015

You have written that the case has been disposed off. It means police has submitted final form. If so then file protest petition and lead evidence in the Court and on the basis of the documents court maytake cognizance U/S 467, 468, 420, 419 IPC and will depend upon the evidence and after that Court will issue summons to the accused persons. 

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     07 June 2015

I agree with Paplu bhai

BS Rangi (President)     01 November 2015

From ,BS Rangi.
Sir,

We had similar case.

1. FIR was lodged under directions of Hon'ble Court ,SDJM, under Cr.PC 156 (3) at the very first hearing of complaint by a senior citizen. 

2. Police investigated and prepared AKHRAJ,NIRSAN (cancelation )report within 60 days and put it under the carpet.

3. We wrote to  Chief Minister thru CM window.No action was taken by police.

4. Then we met DGP and asked for action.Then we wrote to DCP and met him threatening that we will seek personal interview with CM.

5. Now things moved .

6. Police took victim to SDJM on 29 Oct and filed cancelation report.

7. Victim filed protest petition under 202 CrPC which was allowed .Victim wants to lead evidence and gave names of circumstantial witnesses to be summoned by court . 

8.What are the options with Hon'ble court who earlier ordered FIR? 

 Please guide us.

 


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