Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Vandan Kumar   22 June 2022

Pvt complain to Magistrate Against Police Officer- Mumbai.

Dear All,
pls provide your valuble input on following :-

Can we file a pvt complain to Magistrate in mumbai, will it be maintanable. for the offences they openly support to a accused and misbehaved with complainant in a matter.

Complain to DCP and higher authority also didn't work. so what are the way now??

Regards
Vandan Kr


Learning

 3 Replies

Shubham Bhardwaj (Advocate)     22 June 2022

Dear Mr Kumar, 

You have not explained your query well however what I could understand is that you wish to file private complaint against police officers who according to you have favoured accused and have misbehaved with complainant. 

In this regard please note tat do not start a litigation within a litigation. SIply file private complaint alleging your grievances and simply write one para in complaint that police officer has not performed his duty well. Do not make it personal with police. 

This is the purpose of Section 200 Cr PC that when police doe not do anything the magistrate can take cognizance on the basis of private complaint. But if the offence you initially complained off requires investigation then instead of filing complaint file Application under section 156(3) (if offence is a cognizable offence) for registration of FIR. Other wise complaint would suffice. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court , at Chandigarh

 

Disclaimer:- Opinion is only for guidance.  

 

 

 

Vandan Kumar   22 June 2022

Thank you very much for your Valuble input sir, you understood my query exactly what i want.

Thanks for your guidelines.

Dr J C Vashista (Advocate)     23 June 2022

Very well analysed, opined and advised by expert Mr. Shubham Bhardwaj, I concur and appreciate.

Your complaint is against the (original) accused where police is not cooperative with complainant but vice-versa.  In such a situation it is advisable to move to Area Magistrate in a complaint u/s 200 Cr PC through a local prudent lawyer against the accused without commenting upon functioning of police.

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