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Yatharth Rohila   17 March 2020

Police refusing to take action after registration of fir

I am complainant in a 138 NI Act case. The accused was declared absconder by the court and an FIR u/s 174A IPC was registered against him. I have the current address of the accused and have given it to the police but they are refusing to take any action. They are claiming the PS in whose jurisdiction the accused resides will take action. Kindly suggest what remedy do I have from court? what application should be moved? and should the application be moved in the Court where my 138 NI Act case was pending or in the court where the jurisdiction of the PS resides?


 6 Replies

manohar   17 March 2020

Police are not interested to take immediate action against the accused in 138 case as it is not dangerous offence against society as whole. Approach police high rank officer.

Yatharth Rohila   17 March 2020

Sir I believe there must be some section in Cr.P.C. for monitoring the investigation or asking for status report of the FIR. I do not want to keep approaching high ranking police officials and warming their deep pockets.

TGK REDDI   17 March 2020

FIR is submitted to the Court and, I think, the Court directs and chases the police to take action.      I write under correction.

Real Soul.... (LEGAL)     18 March 2020

You can address all your related things to court,that will help you.

T. Kalaiselvan, Advocate (Advocate)     26 March 2020

Section 174A in The Indian Penal Code
1[174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.—Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub‑section
(1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub‑section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.]
 
The polcie station which registered FIR should initiate action to declare him as proclaimed offender.
You can file a petition befoe the concerned magistrate in this regard nd seek direction to the police to initiate further legal action in this regard

T. Kalaiselvan, Advocate (Advocate)     26 March 2020

Section 174A in The Indian Penal Code
1[174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.—Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub‑section
(1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub‑section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.]
 
The polcie station which registered FIR should initiate action to declare him as proclaimed offender.
You can file a petition befoe the concerned magistrate in this regard nd seek direction to the police to initiate further legal action in this regard

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