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Author Topic: What type of offence is signature forgery? How to respond to police inaction?  (Read 731 times)

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Offline roys2003

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There has been an incident of signature forgery leading to stealing of items sent overseas for personal use via courier. The parties involved are ABC Couriers (acting as agents for various courier companies), DHL (whose services were used through said agents) and DTDC (alleged by DHL to handle that part of the transport when the crime took place), none of whom initiated any investigation to identify the perpetrator despite repeated requests. Our complaint had two components: (1) identification and harshest commensurate punishment of the perpetrator and (2) reimbursement of the money lost in the stolen goods, weight discrepancy of the package as a result and the severe harassment caused by the three named parties in addressing our concerns (this we wish to raise in the District Consumer Forum).

With regards to the first part, I sent a complaint to the Officer-in-Charge (O.C) of the local police station, which also happens to have jurisdiction in the area the alleged crime is committed, almost a fortnight ago via speed post, whose records show evidence of being accepted by the O.C. A copy of the complaint was also sent to the local D.C by the same method with confirmed receipt. Several members at the local police station, upon our visit, confirmed being aware of the complaint, though none of them was categorical about whether a complaint was officially filed on that basis or not. Instead they asked us to speak over telephone to another member of the force who was not in office that time, who has apparently been directed by the O.C to look after this 'case'. When we called the person, he seemed in total darkness about it and after listening to the details, advised us to contact him a few days later.

Under these circumstances, I wish to know the following:

1) Do forgery and forgery with criminal intent (impersonation, stealing etc.) qualify as cognizable or non-cognizable offence?

2) What is the correct procedure to get the police to act. I have been advised to file a petition at the District Judge's (u/s156(3) of Cr.P.C.) praying for direction upon the police to investigate and act based on my complaint. However, whilst reading some cases about the power of the magistrate in this case (, it seems even the Court does not have full powers to move the police into action.

Could someone with legal knowledge please advise?

Thanking in anticipation.



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