• Police and Consumer Protection Act

If a Police Officer does a wrong investigation in aFIR and admits to wrong doing so can the Police department be asked for compensation through Consumer Courts. If not then what will be the right method/mechanism to ask for compensation from Police department. Please cite case laws (Especially of Allahabad HC)
Asked 6 years ago in Civil Law

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8 Answers

There is no such provision of claiming compensation through consumer court...however you can complaint to the higher police authorities if any wrong investigation is done or you can file a writ in high court

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1) file writ petition in HC and seek compensation from police for wrongful investigations

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Hi, you can't claim compensation under consumer protection act but you can request the state to re-investigate the matter and you can approach the higher officials of the police department to take action against him.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

The issue of award of compensation in case of violation of fundamental rights of a person has been considered by this Court time and again and it has consistently been held that though the High Courts and this Court in exercise of their jurisdictions under Articles 226 and 32 can award compensation for such violations but such a power should not be lightly exercised. These Articles cannot be used as a substitute for the enforcement of rights and obligations which could be enforced efficaciously through the ordinary process of courts. Before awarding any compensation there must be a proper enquiry on the question of facts alleged in the complaint. The court may examine the report and determine the issue after giving opportunity of filing 1objections to rebut the same and hearing to the other side. Awarding of compensation is permissible in case the court reaches the same conclusion on a re-appreciation of the evidence adduced at the enquiry. Award of monetary compensation in such an eventuality is permissible "when that is the only practicable mode of redress available for the contravention made by the State or its servants in the purported exercise of their powers."(Vide: Sebastian M. Hongray v. Union of India, AIR 1984 SC 1026; Bhim Singh, MLA v. State of J & K & Ors., AIR 1986 SC 494; Smt. Nilabati Behera v. State of Orissa & Ors., AIR 1993 SC 1960; D.K. Basu v. State of W.B.,AIR 1997 SC 610; Chairman, Railway Board & Ors. v. Mrs. Chandrima Das & Ors., AIR 2000 SC 988; and S.P.S. Rathore v. State of Haryana & Ors., (2005) 10 SCC 1).

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

in this condition you can file a protect petition before the magistrate for these orders:

1. refuse to take cognizance on the police report filed under section 173 because investigation is biased

2. to pass an order of fresh investigation by some senior police officer.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

magistrate has power under section 190 of the crpc to pass any of above said order depends upon facts of the case. if magistrate refuse to do so you can file a revision before the court of sessions. consumer court has no jurisdiction to interfere in criminal proceeding.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

police department cannot be dragged to consumer forum for deficiency of service.

There is no provision in consumer protection act for that.

The police if fond to have done wrong prosecution then a case against them for malicious prosecution can be lodged/filed

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Please cite case laws (of Allahabad HC & SC)

The police will not come under the consumer court ambit hence dont waste time seeking citations on this.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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