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Author Topic: Police inaction after filing FIR  (Read 129 times)

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Offline New user

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Police inaction after filing FIR
« on: August 24, 2018, 08:22:43 AM »
Accused borrowed money from me and settled his properties and filed insolvency to cheat me.  I gave complaint to police for cheating 420 and criminal breach of trust 406

Police did not take actions against my complaint inspite of complaint with SP office.  police has not enquired the accused, has not sent summons, has not obtained statement.  I approached magistrate court, judge ordered to file FIR.  Now police not filing charge sheet for 3.5 months. 

I applied for RTI in which inspector said he did not take statements because accused are hiding themselves, soon he will arrest and do investigations and then he will file final report.

in reality accused are at home.  police is lying for their inaction

Under the above circumstances what is the best remedy?

1) file writ petition Under Article 226    or   Criminal Petition under 482 crpc
to bring the accused before court, finish investigation and file charge sheet within 2 weeks?

2) file  habeas corpus ?

3) any other remedy possible?


Offline advjaibansal

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Re: Police inaction after filing FIR
« Reply #1 on: August 24, 2018, 07:18:20 PM »
Dear sir,

Criminal Case will not help you to recovery the money. Let the criminal case go on. Please file a civil suit for recovery.

For expeditious investigation, please file an application before magistrate seeking directions against the police to file charge sheet and complete the investigation.
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

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Re: Police inaction after filing FIR
« Reply #2 on: August 24, 2018, 09:23:15 PM »
Jai Bansal,
Thanks for your reply.  I have also filed civil suit

I approached magistrate under 156(3) to direct the police to file FIR. Police filed FIR but did not even enquire the accused.  I orally spoke to magistrate judge that police not filing charge sheet, judge asked me to approach high court.  Can I now file an application before magistrate under Section 156(3) to direct the police to file chargesheet?  Judge will say "I told you to approach high court"

high court lawyers are asking high fees. 
I have prepared the writ petition myself, lawyer said  should not file writ petition Under Article 226
need to file Criminal Original Petition under 482 crpc

If you any sample Criminal Original Petition please email to balapandian@yahoo.com

Thanks

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Re: Police inaction after filing FIR
« Reply #2 on: August 24, 2018, 09:23:15 PM »

 

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