• Drunk hooligans attacked my car, what are my legal options

Hi,

Last night when I was coming from office some guys attacked and damage my car (A small dent in front and tear up the number plate) near where I live. They were attending a local function and I am sure they were drunk. I parked my car outside my home and then dialed 100. A Police van came after some time but till then those people left the scene.  I noted down their car number and went to police station to file a complaint with that police van. They told me to come tomorrow to get a report for insurance and refuse to give me any complaint receipt.  

I want to see these people arrested or at least get fined but I don't think the police will do that.

what legal options do I have, can you help me in this?
Asked 2 years ago in Criminal Law
Religion: Hindu

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20 Answers

If the police refuses to lodge an FIR then you have the option of filing the complaint before the magistrate under section 156(3).

Give a complaint to the police in writing,, if police refuses to take any action then write a letter to commissioner and if then also no action is taken then contact a local lawyer and file a complaint case before the magistrate.

Regards

Anilesh Tewari
Advocate, New Delhi
17744 Answers
290 Consultations

5.0 on 5.0

It seems that they have not lodged your report.

Pursue this at the Police Station level. If your FIR is still not lodged, write to the concerned SSP and SP.

Vibhanshu Srivastava
Advocate, New Delhi
8980 Answers
162 Consultations

5.0 on 5.0

Respected sir..

If you want to see them behind the bar it's just a simple thing but you have add something to it and then police officer will bound to file your complaint..Just told them that the boys had thretend me to kill and they had snached my purse also and they were is the nuMber of vehicle ...Which you had noted ..Only on accident done by them you can not put them behind the bars ...Make your mind clear and go ahead..

Lodge an FIR against them..

Thanku

Dinesh Sharawat
Advocate, Delhi
1243 Answers
11 Consultations

4.9 on 5.0

Dear sir; You write a complaint S.P.And explain all fact in complaint.

Ravinder Mehra
Advocate, Rohtak
12 Answers

4.0 on 5.0

Since this was cognisable offence the police is bound to register FIR.

If it doesn't then you can file petition in the court of the magistrate under section 156(3) whereby the police will be directed to cause further investigation and nab the culprits .

So meet an advocate and do as advised above.

Devajyoti Barman
Advocate, Kolkata
20290 Answers
287 Consultations

5.0 on 5.0

Hello sir , you should file a FIR with police regarding the incident .. They cannot ignore your complaint as , a record of every call made on 100 is kept with the control room.. It is advisable that you meet the SHO ( station officer ) of the police station , and get the FIR done as the below rank officials generally act with negligence .. You have the car no. therefore it will not be a issue tracing them down .. Once the FIR is lodged they can give a better compensation under pressure

Hemant Chaudhary
Advocate, Gurgaon
4556 Answers
37 Consultations

4.9 on 5.0

1. Send your complaint through speed post informing that your report was refused to be received by the police station when you went there to submit the same.

2. After few days send a copy of the same to the concerned DC in the same way seeking relief.

3. Collect track record of delivery of speed post from the internet.

4.After few days, if you find no action has been taken by the police, file a Writ Petition before the High Court against police inaction praying for justice.

Krishna Kishore Ganguly
Advocate, Kolkata
24292 Answers
671 Consultations

5.0 on 5.0

If Police refuse to lodge FIR file complaint before magistrate under section 156(3) cr pc to direct Police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
75971 Answers
4544 Consultations

5.0 on 5.0

Hi

File a written complaint with the higher police authorities of your area.

Social media is also a weapon with you.

Legally go for complaining with the higher police officials in written.

Thank You

Rahul Jatain
Advocate, Rohtak
3392 Answers
4 Consultations

4.9 on 5.0

You can go to higherups ie. SP DSP and file a report if not file a complaint before magistrate

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.0 on 5.0

Firstly, filed a complain under section 156(3) of Cr P C before the magistrate to get the FIR lodged as I know that police would not register before doing this in such kind of cases.

Secondly and lastly, I would advice you to file a Writ of Mandamus in the High Court of Delhi to issue directions for the police to investigate the matter fastly as it is also know to us that police does not do much until and unless High Court order comes into picture.

Saying all these with my litigation experience.

Good Luck and God Bless You...!

Sanjay Baniwal
Advocate, South Delhi
5261 Answers
13 Consultations

5.0 on 5.0

Send the Complain through registered post, cc to SP.

Yogendra Singh Rajawat
Advocate, Jaipur
19449 Answers
25 Consultations

4.5 on 5.0

You can follow up the complaint with the police ion the next day, if there is no response you may approach the higher police officer of the town/district with a similar complaint.

If there is no response to this efforts also then you may file a petition before the local judicial magistrate under section 156(3) cr.cp.c seeking direction to the police to initiate proper legal action as per law on the complaint lodged by you.

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

Let me know if I can be of some help.

I will suggest you an associate from my firm to assist you in the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17744 Answers
290 Consultations

5.0 on 5.0

I have been practicing in all courts of Delhi including high court of Delhi.

Can contact me also if you like my answer as the scene does not end just by filing 156(3), you would need my experience to win your fight.

Good Luck and God Bless You...!

Sanjay Baniwal
Advocate, South Delhi
5261 Answers
13 Consultations

5.0 on 5.0

Number of lawyers on this website from Delhi on this website

Contact any of them

Ajay Sethi
Advocate, Mumbai
75971 Answers
4544 Consultations

5.0 on 5.0

Hi

You can contact a lawyer from this website itself like me.

Or visit some court premises and enquire about good criminal lawyers.

Thank You

Rahul Jatain
Advocate, Rohtak
3392 Answers
4 Consultations

4.9 on 5.0

There are many Delhi based lawyers on this Portal You can choose to avail the services of any one of them.

Vibhanshu Srivastava
Advocate, New Delhi
8980 Answers
162 Consultations

5.0 on 5.0

W.P. before the High Court will be much more effective than filing an application before the Magistrate u/s156(3) of Cr.P.C. wherein the High Court may supervise the development/outcome of the police investigation and steps taken by the police.

Krishna Kishore Ganguly
Advocate, Kolkata
24292 Answers
671 Consultations

5.0 on 5.0

You can look for a skilled lawyer from among the lawyers in this forum too or can enquire in the local and engage one

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

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