Ravindra Sir,
It is a well known established fact that Police will not file FIR straight away upon a complaint and if they do so there will not be any end to it. A wrong is civil or criminal is though somewhat defined in statutes and Law books,in practice the demarcation is difficult and trivial. For example in (1) family matters other than serious matters FIR will not be filed. (2) in partnership matters though there is apparent criminal activities by partners the Police is giving only NC disposal since the Indian Partnership Act 1932 is not envisaging criminal proceedings on partners or on partnerships as partnerships are basically on mutual understanding to share the outcomes. But section 405 of IPC is very broad to bring to book any offence under criminal breach of trust by any person which includes partner, husband or any body by the very inclusion of the words any person. There also section 405 is not allowed straight away to apply. It is the lacunae in our IPA1932. The corresponding english law upon which the IPA is based, has been amended to cover trespass,theft,misappropriation and breach of trust by partners under criminal proceedings by virtue of the Larceny Act. But in our India the concerned authorities are sleeping and not bothered so far. Even if we bring it to their notice, nothing will be done in the near future. There fore you approach an Advocate preferably, well versed in criminal proceedings to put forth your case / complaint to the magistrate and prior to that you furnish information under section 154(3) of Cr.P.C explaining the details of crimes to the Superintedent of Police having jurisdiction over the concerned SHO to request him to take cognizance of the crime. Wait for 15 days and thereafter go to court to get directions from JM under section 156 (3) Cr.P.C. This step, you must comply before going to court otherwise the JM will ask you to exhaust the requirement.
S.Krishnamurthy
Advocate, Pondicherry. more
It is a well known established fact that Police will not file FIR straight away upon a complaint and if they do so there will not be any end to it. A wrong is civil or criminal is though somewhat defined in statutes and Law books,in practice the demarcation is difficult and trivial. For example in (1) family matters other than serious matters FIR will not be filed. (2) in partnership matters though there is apparent criminal activities by partners the Police is giving only NC disposal since the Indian Partnership Act 1932 is not envisaging criminal proceedings on partners or on partnerships as partnerships are basically on mutual understanding to share the outcomes. But section 405 of IPC is very broad to bring to book any offence under criminal breach of trust by any person which includes partner, husband or any body by the very inclusion of the words any person. There also section 405 is not allowed straight away to apply. It is the lacunae in our IPA1932. The corresponding english law upon which the IPA is based, has been amended to cover trespass,theft,misappropriation and breach of trust by partners under criminal proceedings by virtue of the Larceny Act. But in our India the concerned authorities are sleeping and not bothered so far. Even if we bring it to their notice, nothing will be done in the near future. There fore you approach an Advocate preferably, well versed in criminal proceedings to put forth your case / complaint to the magistrate and prior to that you furnish information under section 154(3) of Cr.P.C explaining the details of crimes to the Superintedent of Police having jurisdiction over the concerned SHO to request him to take cognizance of the crime. Wait for 15 days and thereafter go to court to get directions from JM under section 156 (3) Cr.P.C. This step, you must comply before going to court otherwise the JM will ask you to exhaust the requirement.
S.Krishnamurthy
Advocate, Pondicherry. more
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Dear Sri KrishnaMurty garu..... How much it would cost for a poor man to approach an advocate for finding out whether a particular matter is of civil nature or criminal nature and to know the procedure of approaching or sending the complaint to the District Superintendent of Police in the event of refusal even to provide acknowledgement to the given complaint/petition from the aggrieved by the SHO of a Police Station either to get the matter endorsed u/s 156(3) Cr.p.c by the concerned jurisdictional Judicial Magistrate for getting FIR issued or otherwise. Would the advocate provide a receipt to the complainant upon receiving the money. How does the poor complainant be suggested without getting cheated by anybody in taking the money in addition to the problem already being faced by him/er. Can the Police not issue a receipt at the reception for having received a complaint/petition from the aggrieved. If a complaint of cognizable nature is received the SHO has no option otherwise than issuing FIR and taking up investigation. If a petition of civil nature is received, it is to be mandatorily enquired into after making an entry of the brief facts of it in the day to day General Diary being maintained in the Police Station and give suitable disposal to it without allowing the matter to be turned into criminal nature. For instance certain civil disputes either in the agricultural fields or in family matters, improper disposal of the petitions in the early stages turned to be of criminal matters. Such prevention of crimes also rests on the shoulders of police at free of cost. In Andhra Pradesh Police Manual (both in Andhra & Telangana States) there is a Standing Order No. 107(B) under Chapter - 5 clearly mentioning one of the bounden duties of the Asst. Sub-Inspector of Police is "Petition enquiry" upon a petition or report which initially appear to be other than the complaint of Cognizable nature. Would it be not advisable to insist upon the Police to determine whether a petition or complaint is of cognizable or non-cognizable nature instead of making a poor man/women to roam around and approach an advocate to spend money for the simple cause of finding a case whether a particular matter is of cognizable nature or otherwise. After all it is one of the basic duties of Police. more
Jul 18
In our case, police filed FIR but did not act further. We appealed to High court. High court asked police to act on the FIR...this happened. Over a YEAR ago.Till now charge sheet not filed. more
Jul 17
Dr.Neelamji -Congratulations.Now a days crimes reduced and police work too . Pl.see what is coming from our NDA governments....too good decisions. more
Jul 17
Illegal construction is a civil matter, snapping of water supply line is Not Criminal, sending bouncers as recovery agents of HDFC bank to get even with innocent senior citizens ,despite No loans taken ever from the bank is not criminal, selling properties without consent of owners is not Criminal . Can someone tell me the Definition of Criminal Activities needed to file an FIR ? Or Innocent people keep wasting money to get more abuse through lawyers @ Civil Case ? more
Jul 17
