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Police has not taken action even after informing them what to do
20-Jul-2023 (In Cyber Crime Law)
On 24/05/2018, I registered an FIR with the local police station against a person who had allegedly taken money into his bank account from my bank account. Since the accused is a resident of Uttar Pradesh and I being a resident of West Bengal, It is difficult for me to travel to Uttar Pradesh. Hence, I informed the concerned police station of his area the entire matter and also sent them a copy of the registered FIR against the accused to get him arrested but in reply, the said me that they don't know when the accused enters and gets out home and if they question his family members there then he would stop coming here and It would be difficult for police to arrest him. So, I am totally confused over what do I have to do to recover my money.
You are requested to file police in action against police so that they get on their toes and act diligently to get your work done on time and police will be bound to act upon courts order or will face contempt
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Adv. Aveek Bose
Kolkata | 500+ Answers
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If the concerned officer in charge refuses to register a first information report about commission of a cognizable offence within his territorial jurisdiction under Sec. 154(3), the informant can approach any senior officer of police or the Superintendent of Police or the Commissioner of the police with a written complaint.
If even after submitting a complaint to Senior Police officials no FIR is lodged then the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/s 156(3) read with Section 190 of the criminal procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter.
A Writ Petition may be filed in respective High Court for seeking damages/compensation, if the inaction of the Police on the complaint/non-registration of FIR, has resulted in frustration/deprivation of ―life and liberty of any person, guaranteed under Article 21 of Constitution of India.
Under section 166A(c), if the Public servant concerned fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code, he is punishable with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.
If even after submitting a complaint to Senior Police officials no FIR is lodged then the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/s 156(3) read with Section 190 of the criminal procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter.
A Writ Petition may be filed in respective High Court for seeking damages/compensation, if the inaction of the Police on the complaint/non-registration of FIR, has resulted in frustration/deprivation of ―life and liberty of any person, guaranteed under Article 21 of Constitution of India.
Under section 166A(c), if the Public servant concerned fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code, he is punishable with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.
Helpful?
Adv. Pradipta Nath
Durgapur | 200+ Answers
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