NO ACTION BY POLICE SINCE 1 MONTH

835 votes

Section 156(3) of the Code of Criminal Procedure (CrPC) empowers a Magistrate to direct the police to investigate a cognizable offense. This section allows a Magistrate to order an investigation into a matter where an individual has filed an application or complaint alleging the commission of a cognizable offense, even if an FIR has not been registered by the police. On the other hand, Section 482 of the CrPC grants the High Court inherent powers to ensure the proper administration of justice and prevent abuse of process, including the ability to quash FIRs or criminal proceedings.

Advocate Prabu S LawRato

617 votes

Have you given a written complaint to the police if so file an RTI and get the complaint copy through RTI application, and also you can file a written complaint to the higher official To the Commissioner if you are living in the city Or to be Superintendent of police if you are living in Urban/rural areas. But take a copy of your complaints after signing in it, so that this copies will substantiate your complaint before court of law. Even if they both fail to take appropriate actions then you can approach competent judicial magistrate based on your jurisdiction and file a FIR direction petition.

Advocate Ragul Sivanand LawRato

513 votes

You have the right to seek action under Section 154 of the Code of Criminal Procedure, 1973, which mandates that police must register an FIR if a cognizable offence is disclosed. Assault causing physical injury constitutes an offence under Sections 323 and 324 of the Indian Penal Code, 1860. If the police fail to act, you can approach the Magistrate under Section 156(3) CrPC, requesting a direction to the police to investigate the matter. Additionally, you can file a complaint with the State Human Rights Commission for police inaction and dereliction of duty. If the police wrongly treat it as a Law & Order (L&O) issue instead of registering an FIR, you can also approach the High Court under Article 226 of the Constitution of India, seeking a writ of mandamus directing the police to register an FIR and investigate the matter. Furthermore, departmental action can be sought against the concerned police officers under the Police Act, 1861, or relevant state legislation, for negligence or misconduct in discharging their official duties.

Advocate Arjun S LawRato

848 votes

You must definitely take action at the police station for the next complaint, no matter which city it is in and how long it has been. If you have filed a complaint and the police station does not take action, you can file a private petition in court and get a direction.

Advocate Arivazhagan LawRato