vish_bg_kar_in (Eng) 16 December 2016

Police swapped complaint with fabricated/forged complaint

Respected Legal Experts,

My Mother and her sisters had lodged a complaint on forgery/cheating at ploice station in person and had also recieved an acknowledgment of the complaint. Police said they will call them for further investigation but never called. I applied under RTI to get status of the complaint and found in the RTI response that the police have colluded with the accused and swapped the original complaint with a fabricated/forged complaint letter.

Then I approached the police station and saw with my own eyes in the case file that the orginal complaint was missing and in it's place a fabricated/forged complaint existed in the case file.

I took the matter up with IGP/SP/AddlSP/PSI...all are saying forget about the old case and file a fresh complaint.

this is outright wrong ...My mother and her sisters (all complainants) have filed a new complaint with reference to the original complaint but still no action from police.

I am thinking of lodging a complaint with Anti-corruption Bureau...can this be tried under Prevention of corruption Act? I know for sure that the involved officers have got monetory/non-monetory gratification from accused ...but i have no proof on this...only proof i have is that of maladminstration (mentioned above)

Kindly advice

Sincere Thanks
Vish

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5 Replies

advocate praveen (prop.) 16 December 2016

MR. Vish,

Firstly you have to confirm that your mother and her sister statement before the MM have been done or not. If not then you have to file another complaint to the higher officials thereafter you file a complaint case under section 156(3) Cr.P.C. for registering your FIR as per your complaint.

Apart from this you can file a complaint against the IO who is dealing in your case to the higher officials and ask for prosecution proceeding against the courrpt officers. If they did not reply to your prosecution letter then file a Writ Petition before the High Court for askng prosecution against courrpt offier. But remember you have sufficent proof as per your allegations.

regard

Anil Upadhyay (Lawyer) 17 December 2016

File private complaint before Concerned court and file proper documents before the Court.

Sudhir Kumar, Advocate (Advocate) 18 December 2016

"I am thinking of lodging a complaint with Anti-corruption Bureau...can this be tried under Prevention of corruption Act?"

YES

vish_bg_kar_in (Eng) 23 December 2016

thank you for your valuable response.

vish_bg_kar_in (Eng) 23 December 2016

Thanks for your valuable response. statement before MM (do you mean Magistrate?) has not been done. The PSI said he will call the complainants someother day to get handwriting and signature samples/proof and after that never contacted the complainants. When complainants called up the station, they would give one reason or the other.

I am escalating this to Police Circle Inspector to look into this complaint swapping. I have below proof

1. original complaint with police station seal obtained as acknowledgment when complainants filed the complaint in person

2. RTI reponse from police station SPIO, has sent a certified copy of fabricated/forged complaint letter

Thanks once again.
V.

Originally posted by : advocate praveen

MR. Vish,

Firstly you have to confirm that your mother and her sister statement before the MM have been done or not. If not then you have to file another complaint to the higher officials thereafter you file a complaint case under section 156(3) Cr.P.C. for registering your FIR as per your complaint.

Apart from this you can file a complaint against the IO who is dealing in your case to the higher officials and ask for prosecution proceeding against the courrpt officers. If they did not reply to your prosecution letter then file a Writ Petition before the High Court for askng prosecution against courrpt offier. But remember you have sufficent proof as per your allegations.

regard