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B Singh (self)     26 October 2012

Police not investigation the case fir lodged

FIR u/s 156(3) lodged and thereafter police submitted C.R. to court due to jurisdiction.  Court again redirected the investigating agency / SHO to investigate the case. Inspite of court orders police did not investigate. Can protest memo be filed for not taking any action by the police or any other good remedy.

 4 Replies

surjit singh (Assistant)     27 October 2012

In an application under 156(3) the FIR must have been registered on the initiative of the court, and if the police files CR on ground of jurisdiction, it is against the settled law of the Hon'ble Supreme court passed in 1993. After registering the case it was the duty of the police staton to transmit the case to the police station where the offence jurisdiction relates, and if it relates to the jurisdiction of two police station any of the police station can initiate the investigaton. Since the court have passed an order redirecting the SHO to investigate, wait for the report tobe submitted. In the meantime if it appears to you that the police is sitting ideal on the FIR file a protest petition before the CJM. Ask your advocate to place the judgemnet of the supreme court passed in 1993 relating to the registering of FIR by police outside the jurisdicton of the police station, every detail is touched in the judgemnet. ( Equivalent citations: AIR 1993 SC 2644, 1993 CriLJ 3684, 1994 Supp (1) SCC 590)

B Singh (self)     01 November 2012

Thanks Mr.S Singh.  I have contacted the Police / IO but they have not started investigations inspite of court orders.  The IO replies that he shall talk with ADA that the trial cannot be taken at this place due to jurisdiction.  I replied that when the court had asked the ADA to submit reply or any objection the same were not filed by ADA.  Moreover when the court had ordered for reinvestigations the investigating officer can investigate and place the facts before the court.  But it seems that the police / IO will not take any action against the accused or investigate.  Please advice that how do I file protest memo before the court against the police / IO for not taking any action

Suhail Malik (Standing Counsel Supreme Court )     06 November 2012

@ Mr. B. Singh- The Hon'ble Supreme Court in its judgment titled Rasiklal Dalpatram Thakkar Vs. State of Gujrat, AIR 2010 SC 715 has held that "it is not within the jurisdiction of the investigative agency to refrain itself from holding proper and complete investigation merely upon arriving at a conclusion that the offences had been committed beyond its territorial jurisdiction"

Now in the present case the appropriate remedy which you have is that you can again approach the competent magistrate under Section 156(3) of Cr.P.C and seek directions to the police for investigating the matter properly and within a stipulated time. The Magistrate is empowered under Section 156 to control the investigation and issue appropriate directions and that is the reason why the police has to send a copy of the F.I.R to the magistrate within 24 hours.

surjit singh (Assistant)     10 November 2012

You should approach with a petition informing the court that the investigation has not started and pray for the court to direct the IO to produce the CD of the case for perusla of lthe court. Since the court have already directed for registering the case again approaching the court under 156(3) CrPC is not advisable.

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