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Satish (farmer)     16 January 2022

Repetitive threats, no criminal action taken by the police

Since Sept 2021, my 72 year old mother has been attacked twice, she also has been receiving death threats. She went to a PS to complain, but they asked her to go to another PS. I made few complaints on PG portal, PMO, and to President of India. So far AP police did not take any criminal action against those criminals. Can someone suggest how can i proceed further? I do not live in India currently.


 5 Replies

Dr J C Vashista (Lawyer)     16 January 2022

She should move to area Magistrate i.e., either District Collector under the provision of Maintenance of Parents and Senior Citezs Act, 2007 or Matropolitan / Judicial Magistrate under section 200 Cr PC.

G.L.N. Prasad (Retired employee.)     16 January 2022

Now the grievance redressal system is working excellently.  You can ask someone to accompany her and file a petition stating about such inaction to Dist Supdt. of Police on any MONDAY.  If the complainant belongs to rural you can directly make a call to Mr.Vishal Gunny, SP rural, and all the stations are linked during such hearing and you can find a solution on the spot.  You can ask your mother to file such a complaint direct to Dist. Supdt of Police, and after a month a rti application can be filed seeking information-seeking reasons for not registering the complaint which is against Supreme court directives.

PG Portal is not for the state.  Filing petitions before PMO and PS are immature and they serve no purpose, and they just make a post office delivery work and a section officer (in fact less subordinate) just makes them bunches and send with a copy and paste to State.  Focus on remedy and do not waste time on vain efforts.

The final remedy was already suggested by our senior expert Dr.J.C. Vasishta in his reply and that course is ultimate.  You can contact any criminal advocate who served as Public Prosecutor in the past for this final remedy. if you think that the old mother can find any peace in this step.

Megha   16 January 2022

Hi,

The Indian legal system provides several options which one may exercise if the police refues to register the First Information Report (FIR).  Firstly, please check with the police the reason for denying to fil your complaint as complaints cannot be registered at a station which doesn't have the territorial jurisdiction.  

If the police is not registering your complaint despite satisfying the jurisdictional condition, you may approach the Superintendent of Police (SP) with a written plaint andhe may then give directions to the concerned officer to file the plaint.

If the above fails, you will be entitled to file a complaint to the Judicial Magistrate (JM)/ Metropolitant Magistrate (MM) under section 156(3) of the Code of Criminal Procedure (CrPC) read with section 190 requesting for the FIR to be filed.  

As a last resort you may consider filing a writ with the High Court or even file a RTI application seeking reasons/ explanation fornot filing the complaint.

Best regards,
Megha

 

Best regards,
Megha

Satish (farmer)     17 January 2022

Many thanks for all your valuable solutions. On 10th January Monday, my mother visited the SP office and submitted her complaint. She was told that the issue will be forwarded to her area police station so that they will be in touch. we have no hopes honestly. As you people suggested I have no other option than to take this matter to the Court of Law under Section 156, Senior Citizens Act etc. 

Dr J C Vashista (Lawyer)     17 January 2022

Mr. Satish,

You are required to have faith in the system, although Indian legal system is too slow but not as conceived by you.


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