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.