seenu (selfemployed) 06 February 2020

Police not registering fir

We filed Complaint but police not registering FIR,so got direction order from High court ,but police not responded to direction order so filed contempt of court against them form HC, now police has sent a registered post stating case is civil in nature we wont register FIR, also reported same in HC,request experts to suggest solution to this problem ,police getting huge amount as bribe from accused for not registering FIR,

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Adv.Balachander Reddy ( Advocate IPR Attorney Human Rights Defender and RTI Activist) 06 February 2020

Police has no jurisdiction to file an FIR for cases of civil nature. However court might had been issued direction to investigate the court prima facie if it is satisfied that the complaint is not in the civil nature.

However, for better appreciation of facts, appropriate legal opinion can be tendered only if the Complaint copy and court order can be shared.

Thanking you

Balachander Reddy

Advocate

9959850723

seenu (selfemployed) 06 February 2020

Thank you sir for your opinion, In 1998 a company has been formed for construction of shops to create trade centre,it is a private limited company it collected around Rs 1 crore from public by issuing share application money form, each member paid Rs 35000 for a share, company bought 30 acres of land for construction of shops with that money ,each member are entitled to receive 1000 sqft land and 10 share each but till today they didn't provide share certificates for share holders, I bought two shares for Rs 70000 ,they volunterily take decision of company without share holders consent,they don't conduct general meeting and few people Who became share holders at incorporation of company select director of company, again in 2008 they issued share application money and collected around Rs 3 crores from new members each paid Rs 35000 for a share,each member are entitled to receive 1000 sqft land and 10 share. I questioned them how they issued new shares for Rs 35000 as the land price is increased substantially from 1998 and they didn't get permission from existing shareholders who bought at 1998 ,they said you don't have rights to question us as you don't have share certificates they deliberately not issued share certificates to deny us shares holders rights and done many wrong doings so I filed a complaint against director of company at police station but they are refused to file Fir against them citing they will provide share certificates within 3 months from now , so I request you to suggest under what Ipc section they can be booked ,Is this come under criminal breach of trust?

Nikita Parekh 06 February 2020

Please share copy of all High Court Judgements till date for better appreciation of facts.

seenu (selfemployed) 07 February 2020

Hi Sir,

Thank you for your valuable opinion,I mentioned criminal breach of trust,criminal conspiracy and cheating and misappropriation of funds by company in my complaint,the company collected 1 crore from public by issuing share application money form,each member paid Rs 35000 ,they promised 1000 sqft land and 10 shares for each members and they bought 30 acres of land with the collected money in 1998.

My Allegations are:

Company directors have not allocated land to the members as promised even after 22 years.
They haven't started project and misappropriating company funds for their own benefits.
No agm conducted for past 22 years.
Included 450 members from 2008-2014 with out getting consent from existing members .
They issued share certificate only in 2018 that too after we loged police complaint in 2018.

Still police are not interested to file FIR against them ,they are getting huge amount as bribe from the accused for not filing FIR against them,the accused are highly influencial ,they even bribed my advocates for delaying court proceeding,we already switched 3 advocates in this matter,we have solid evidence against them inspite of this police given report as civil in nature in HC,they don't have evidence to back their claim as civil ,but we have evidence to back my claim as criminal in nature,now I suspect my advocate may have colluded with them and not presented my side of facts before Honourable judge, thatswhy HC dismissed my contempt petition,It shows contested closed,I request you to suggest solution to this problem,I am already running pillar to post for this case for the last 2 years i am very distressed,can I file review petition and again start the proceeding in HC?

Thanks in advance