• Regarding stalking

Sir, 
Someone was calling anonymous to my wife with fake sim/id ,anyhow we traced him without any police help, and he accepted it's crime, now while lodging fir at police station, police are not lodging fir, as he accepted his crime and said sorry and will never call again. There is no case against him.
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

1. If polcie is not accepting the complaint then send the same in writing through post.

2.Thereafter file an application u/s 156(3) crpc whereby the magistrate would direct the police to register FIR and cause necessary investigation.

3.if inspite thereof the police does not act then you can file writ petition in high court agaisnt police inaction.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

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If police refuse to lodge FIR file private complaint before magistrate under section 156(3) of crpc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

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Saying sorry does not undo the crime. Police is bound to register the FIR and proceed against him in accordance with law. File a petition in the court under section 156(3) CrPC in the court if police does not register the FIR.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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Stalking is an offence under section 354D of IPC

Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

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1. It is upto you to forgive him.

2. FIR is to be lodged under sec.354B ipc.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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Someone was calling anonymous to my wife with fake sim/id ,anyhow we traced him without any police help, and he accepted it's crime, now while lodging fir at police station, police are not lodging fir, as he accepted his crime and said sorry and will never call again. There is no case against him.

The police cannot refuse to register the complaint made by you in writing. Here the offender himself has admitted his crime hence the police can very well go ahead with registering the complaint for the said offence committed by the accused.

If the police refuse to accept the complaint, you may aproach the superintendent of police with a similar complaint, who would give direction to the concerned police for further action as per law.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

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At what sec. he should be booked regarding law and police. There should no excuse by police that he said sorry and not call again.

The police would register the complaint under cyber crime.

If the police refuse to register the same citing sentimental reasons, you should not give it up, you should insist the police to book him.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

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