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Theft Under Section 380, delay of 45 days in filing by Police


21-Jun-2023 (In Criminal Law)
With much resistance I have registered a FIR with police against unknown person with clear act of theft on CCTV. However, the police were not ready to register FIR even with proof and 6 witness. Now since 15 months there is Zero action in the case and Police is not even replying to emails or calls. I have sent petition to Magistrate office, CM Cell, SP office, CPGRAMS but no success. Should I approach the honorable High Court regarding the matter?
Answers (2)

Answer #1
914 votes
First you need to file a petition before the magistrate court to direct the police to complete investigation and file the final report. Only then you can approach the High Court but not directly. Once direction is granted by the magistrate it becomes time bound.
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Answer #2
856 votes
Once an FIR has been filed the police are legally bound to start investigating the case. The process of investigation includes, but is not limited to, collecting evidence, questioning witnesses, inspecting the crime scene, forensic testing, recording statements and so on.
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