Police not taking action on FIR u/s 406 IPC what steps can be taken ?
11-Jun-2023 (In Criminal Law)
Police not taking action on FIR u/s 406 IPC what steps can be taken before ACJM ?
Bail has been granted to accused(s) for compliance of issue of process U/S41 Cr.PC. Police did not charge sheet the matter after expiry of four months of date of FIR
In order to get the investigation expedited a writ of mandamus may be filed before the high court under article 226 of the constitution of India 1949. but for offence u/s 406 IPC bail is the rule since it's a bailable offence. compliance of sec 41A IPC is only a mere formality. yet the four months time is a little less time for completion of investigation and it is advisable to wait and also send a legal notice to the police for completing the investigation before approaching the court. but remember if the investigation report is not made in your favour it can damage your case.
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file a petition before ACJM pointing your grievances and call for a status report regarding your case from the concerned police station asking the ACJM to monitor the investigation showing him the laches of the investigating officer
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dear client, you may file a direction petition in HC for issuance of directions to the concerned police authorities which in response will be filing a reply in the HC stating the reasons for unreasonable delay
..... for further clarification contact me...
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