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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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Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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Can police make FIR without investigation?
As part of the preliminary investigation into a cognizable offense, the policeman has the right to arrest without warrant. The FIR must be registered after a cognizable offense.
What is the validity of an FIR?
The FIR remains valid until the High Court quakes it or the police closes it by submitting a final report to the magistrate, and the magistrate accepts the report.
What happens to accused after FIR is filed?
FIR: The police will file a FIR immediately (for serious cognizable crimes like rape or murder). After a preliminary investigation, the police can lodge an FIR within 2-3 days. After filing an FIR, the police can arrest an accused person (without a Magistrate court warrant) to conduct an investigation or quiz him.
Can police refuse to file an FIR True or false?
In two situations, the refusal of the police officer to submit an FIR can be considered legal. First, the complaint may be trivial, and second, the station might not have jurisdiction over the offence.
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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Adv. Syed Shabahat Hussain Kazmi
Kolkata | 25+ Answers
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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...
..... for further clarification contact me...
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Adv. Neha Shukla
Kharar | 100+ Answers
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