physical assault at my and molestation at my home
26-Apr-2025 (In Criminal Law)
3 people had physically assaulted me and a man among them molested me. I went to the police station but they did not take it seriously and mocked me. I got an injury report made but i dont know where and what do i do now? i have filed numerous online complaints but got no response.
kindly tell me the right thing to do which will help me take action against them as soon as possible.
if the police didn't take any action, we could move to the higher authority of police and also to the CM of the state. You don't need to worry about if the local police station doesn't take any serious action regarding your issue, which is very sensitive. But also we need to understand the actual scenario I mean what happen with you and what happen in the local police station
kindly post your written complaint to the police station via speed post and get the online tracking report for the delivery to the police, if the police will not take any action within 15 days then do the same process and send the written complaint to the SP and if they do not take action within 15 days then reach the court and complain to the Magistrate.
With all the papers, File a petition under section 175 BNSS before Chief Judicial Magistrate for direction upon police for FIR registration.
Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) requires a Magistrate to hear a police officer and pass a reasoned order before ordering an investigation. This ensures that the Magistrate doesn't simply pass the buck to the police but considers the allegations and the potential for a trial themselves. Additionally, the Supreme Court has clarified that Section 175(3) requires an affidavit to accompany any application for investigation, as per the 2015 decision in Priyanka Srivastava v. State of U.P.Â
For additional help and information contact me : GIASUL ISLAM, Advocate in Calcutta High Court
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