cpc

superintendent of police refuses to take action

Civil Engineer & Contract Administrator

I am an NRI, and one gentleman has cheated me by mis-personation and I have filed case against him in my city court and court has issued direction to police to investigate the matter under Crpc 156(3) & submit the findings to the court but concerned police officers have not taken any actions and have kept on returning to court saying said case is falling outside their jurisdiction because I am an NRI, business discussions & transactions have taken in multiple places which including my home city .

I tried convincing concerned PSI but realised that, due to lack of proficiency they can't do much. He advised me to meet CPI however, someone told me that, CPI is corrupt & since I don't believe in bribing it is better to approach SP as he is young gentleman and possibly help me.

So I went & requested him to direct his subordinate officers to take action on court directive. But it was surprising that, being Head of District Police, instead of giving assurance of directing concerned officer for suitable action, he said the following:

 

 

1.    Case does not fall in his jurisdiction and he does not have infrastructure to initiate the action against the culprit (while there are sufficient documentary evidence to establish that culprit has cheated). Therefore, he suggested approaching State capital (i.e. Bangalore police who incidentally had advised to file complaint in my home city on the grounds of jurisdiction, but my city police also gave same reasons, which has forced me to approach court).

2.   When I explained him about the background of case, reasons for approaching court. He outrightly said he cannot follow the court order. Then tried to explain him about Supreme Court directives /guidelines that Police cannot say so. He said, he cannot spare his staff for this kind of cases.Because these, Advocates & Judges have no brains and they just go on passing this kind of meaningless orders. Also said that, when all documents prove culprit has guilty, they can start proceedings and punish. But they don't want to do their job & try to pass it on to police. So he will not take any actions.

3.  Finally he advised me not to waste hard earned money on these idiot like advocates who keep on misguiding public with intentions to extract as much fees.

4.     After listening to him, I asked him, how can senior most officer like you can you say so to the public? In response, he said

If you force me through courts, maximum I will depute one of his officer and instruct him to submit B-False report to the court. Now you decide what want?

This incident happened on 14th Feb 2014, and since I was to travel abroad same day evening, could not do much. It is over 6 months now, and the SP in question is transferred to southern part of Karnataka. But still concerned PSI has kept on writing letters to court & court is also sending it back & keep on new dates.

At this juncture I want to what options I have? 

Can I write to the Court as what SP said and request court to utilise the provision within the law (if exists) and start proceedings against the culprit? Else request the court to take action against the police and force them to investigate the matter in fair & just manner???

 

Your valuable advise is highly appreciated.

 

Regards,

Shivayogi

 
Reply   
 
Lawyer at Delhi

Since the police officers have been writing to the court saying that they do not have jurisdiction, and it is still not conclusively decided, if your case is really so serious worth spending money and efforts then you may approach the High Court for directing the police to investigate the matter citing the ground that the police officers are not obeying the orders of the local court. The High Court has sufficient powers under law to compel the police to investigate even if they don’t have jurisdiction or it may ask the appropriate police station to do so. You may mention what the SP had to say in your petition, but you may find it difficult to substantiate those allegations. So, it may be advisable to avoid unnecessary allegations in your petition and you should perhaps concentrate only on the legal issues to resolve your problem so that investigation could begin on your complaint.

 

 

As an alternative, if you already have sufficient material in your hand, you may also consider directly filing a private complaint in the court and pursue it through your advocate directly as a private complaint case (without police help), instead of first asking for police investigation under Section 156(3) Cr.P.C.


Total likes : 1 times

 
Reply   
 


Civil Engineer & Contract Administrator

Dear Mr. Ashok ji,

Thank you for your response, and I am sorry as I missed to mention that Court has already concluded on jurisdiction and ordered I/O to commence investigations without looking into jurisdiction. But the issue is Police has not started investigation. I have come to know that, generally under IPC 420 cased they get good amount as bribe which I cannot pay as it is something allergic to me. In fact, my counsel has advised me to pay certain amount to PSI & see how they do it.

Secondly, I wanted to know whether there is any provision within legal system whereby court can initiate proceedings against the culprit (which my counsel should have concentrated and requested the court). To this question you have confirmed that YES there is provision within law. If so, under which section court can initiate proceedings?

Next question is.... though I should limit myself to getting my issues resolved but how can a responsible officer like SP can talk nonsense about Judges???? and why not such irresponsible officers be brought to books, and force law to strip them off, in the larger interest of society?

I firmly think such irresponsible officers are indirectly promoting crime.

 
Reply   
 
Legal Adviser

I would say in the matter concerned to have consulted a High Court lawyer to deal your material technically, thank you.


Total likes : 1 times

 
Reply   
 
Lawyer at Delhi

If the police has already registered the case, but have not started the investigation, then you may wait for some reasonable time period, since there may be some delay on the part of the police due to their deliberate lethargy / inaction or due to negligence or due to overwork. After a reasonable period of time, you may approach the court again with a request to direct the police to complete the investigation in a time-bound manner. If there is a deliberate gross delay or gross inaction, one can even consider making a request to the court for making a reference to the High Court for contempt of court against the defaulting police officer.

 

Answer to your second query is that the Magistrate has the power under Section 190 of Cr.P.C. to directly take cognizance on the basis of a private complaint, directly examine you as complainant under Section 200 Cr.P.C., and issue process to the accused under Section 204 thereof for proceeding against him. But, in such a case, you’ll have to prove your case as a private complaint case since the police would not be assisting.

 

If you have sufficient time and energy, you may pursue the matter against the SP by making appropriate complaint to his superiors, or bringing them to the knowledge of the Magistrate court, or also to the knowledge of the High Court by way of an appropriate writ petition. However, you must have some evidence to support your allegations, otherwise merely certain oral observations made a few months back may not be found sufficient (since, then it will be a case of your words versus his words, both spoken, without any substantiating evidence).

 
Reply   
 
Civil Engineer & Contract Administrator

Dear Ashok ji,

Thank you and as of today Police hasn't registered any complaint. They have simply ignored court direction. Today when my brother shown them copy of court directive, they said they have not received it which nothing but plaint lie. As per court records, somewhere in March, court has once again sent reminder but they have not turned up.

Regarding action against SP, yes it is mere talks only. If I knew of such kind of response and intention to punish SP, would have carried recorder. Having said that, for the first time I came to know that our country has this kind of useless high-level officers.

Anyway thanks again.

 
Reply   
 
Advisory/Advocacy

In that case I think you must move the High Court under 482 Crpc

 

 

Regards

Chetan Joshi

 
Reply   
 
Lawyer at Delhi

From what you have written, if the police has not registered even the case so far when the direction / reminder was given 4-5 months back, then I think it is a clear case of contempt of court. You can move the Magistrate court for making a reference to the High Court for contempt of court against the concerned police officers under the relevant provisions of the Contempt of Court Act. Alternatively / additionally, you may also move the High Court for seeking direction to investigate or file a private complaint in the Magistrate court as mentioned in my earlier message.

 
Reply   
 
Advocate

@Shivayogi, what you have stated about the cops is absolutely right. Earlier there were very stray cases of police inaction on the private complaints, whereas in the present days, it is not an isolated incidence but order of the day. The police will not take any interest in the dry areas like directions from court etc. Most of the police personnel do not obey the court orders be it for witness or court directions on private complaints.  The SP's behavior is not a strange issue, as a matter of fact the corruption is on the high on the top level only.  The top level cops consider themselves as next to God and are very ruthless towards the pathetic issues.  However, if they are being looked after very well in other sense, they will run behind getting you relief even over sundry issues.

Now,, you may file a private complaint before the court u/s 200 Cr.p.c. for taking cognizance of the offences punishable u/s 420 of IPC against the accused directly owing to the inaction of the police on your complaint.

 
Reply   
 
Advocate

Yes, private complaint under section 200 CrPc is appropriate, not the High Court at this stage.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x