I am registering an FIR against my husband/father in law for breach of trust/cheating, because I have made part cheque payment towards purchase of property however they have purchased it only in husbands/father in laws name. On what grounds can the police station refuse to register an FIR? What will make my case stronger? Do they have to give me a copy of the FIR statement immediately? If not, how can I escalate the matter? How many days does it take for them to file a charge sheet? If I don't have any details of the property can I file a declaration suit? Supriya
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If commission of a cognizable offence is evident from your police complaint, they have to register a FIR under ec. 154 IPC.
Yes, they have to give a copy of FIR to you, free of charge.
There's no time limit prescribed for filing the charge sheet. However, incase they do not file it within 90 days, this gives a right to the accused to be enlarged on bail.
1)If police has not taken action you can file Writ of mandamus in High Court..
2)this is a perfect case of criminal breach of trust and cheating. You will have to immediately lodge a police complaint if cognizance is not taken then private criminal case simultaneously you will also have to file civil suit for cancellation of so Sale deeds obtained by fraud ..
1. Since you have sent money it is presumed the same is for your benefit and since the property is purchased in their name depriving your name , it is a clear case of cheating.
2. So the police can not refuse to register the FIR.
3. If they do you can either lodge complaint with the SP or file a petition in the court for Magistrate u/s 156(3) crpc.
4. No declaratory suit lies. It is a fit case for cheating/criminal breach of trust.
You need to file an FIR on grounds of cheating, fraud, manipulation of funds. There is a way in which if you lodge it police will be bound to lodge and take action without a given choice
1. Was there an agreement between you and them wherein it was provided that the sale deed would be executed jointly in your name as well? If no such agreement was entered into then merely because you had paid the sale consideration in part it cannot be said that they have committed the offence of cheating and criminal breach of trust. No criminal case is made out against them.
2. The only remedy in your hands is to file a civil suit for recovery of money. Even in the civil court you will firstly have to prove the remittance of money and secondly the fact that they were to make you a joint owner. A transfer of money from wife to husband can also be gratuitous, which they will plead in defence.
1) Police can take the plea that it is a civil dispute and obtain court orders to claimyour share in property
2) enclose copy of bank statement that proves you made payment tithe builder
3) you are entitled to copy of FIR
4) charge sheet would be filed after Police complete investigations
5) you cannot file declaratory suit in absence of details
See here two things can be done first a FIR of cheating and beech of trust the police shall not refuse to register the FIR there are judgement from.Supreme court if in case they do direction for.police can be taken from high court for police.
The amount.of money transferred the property purchase details can be mentioned to make strong .
Further the police shall provide you copy of FIR immediately future chargesheet there is no time limit it has to be filed when investigation is over.
Secondly,Mam for.decleration suit details of the property need to be ascertained you can take certified copy of the document from.the sub registrar office of the property they purchased.
Future can file.a decoration suit on the said property.
Dear Client,
It is usual practice of police to avoid registering FIR but as per Supreme Court guidelines, if any police officer refuses to register FIR of cognizable offense, shall be liable to internal inquiry and punishment. Complain to area SP if refuses.
It`s right of complainant to get the copy of FIR same time.
If you don`t have details and know about of property, on which property you will file declaration suit, better file FIR.
Hii
Greetings of the day.
Yes you do complain cum fir 420 and cheating and Breach of trust... And collect the fir.
And if it's new registration within the 40days and you go and object and give application c complaint to registered office.
1. You have details or documentary evidences for having given money for purchase of property in the joint names, if so, you can produce the evidence before police to lodge a criminal complaint against all those involved in this.
2. The police cannot refuse to give you a copy of the FIR.
3. The police may take three months or more than that filing the charge sheet before court.
4. You cannot file a declaration suit if you know the details of property, you have to somehow locate the details.
What if I have to get mobile details of a number. How can I get the following information: Whose name is the mobile registered. Address/Aadhar card number Watsapp transcripts Contact details Itemised billing Apparently you can get CAF information through a police station. Please let me know time required and fees.
Mam the call details can be taken by the police only lodge the FIR intimate the IO of the number further.ypu won't be able.to get the WhatsApp transcript.
You cannot get these details over just like that, you will need to get order from court to obtain it as it has become very strict these days
Service provider woukd not furnish you these details
Police can obtain these details or it can be obtained through court orders
Police cannot provide you such information without FIR.
the service provider only can provide all these details.
the service provider will not respond to individual's requests.
police can retrieve them or the service provider will answer the court order.