My mother has a savings account and other deposit and mutual fund accounts at a bank in Chennai. In the said accounts there is a large sum of money. I was taking care of my mother but because of my job situation, I have to travel frequently. So I used to leave my aged mother under the custody of my younger brothers. When I was traveling, my sick mother told me that my two younger brothers had stolen/snatched her bank details, debit card pin number, passwords, signature/thumb impression, etc., and were trying to withdraw the entire amount from her savings and other deposit and mutual fund accounts to their own accounts. I also have reasonable belief that they in connivance with the bank manager had taken steps to withdraw and transfer the said huge amount from my mother’s accounts to their accounts. I made a complaint about the issues to the bank officials. But no action was taken since they are also party to the criminal action. I also filed Civil Suit before the Civil Forum to restrain them from operating the above said accounts of my mother. In spite of all the legal processes, my younger brothers have transferred all the amount of my sick mother’s accounts to their respective accounts in connivance with the bank officials. Hence their acts amount to theft, forgery, cheating, conspiracy and breach of trust. I have preferred a complaint before the Inspector of Police, Central Crime Branch in Chennai. No action was taken by the police. They did not register an FIR. Is it possible for me to obtain a direction from court compelling the CCB in Chennai to register an FIR? Which court should I approach? What is the criminal law section? Is it possible to recover the money stolen by my brothers?
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1. Which branch CCB you approached?. This offence would not come under CCB.
2. Its basically a criminal offence and you would not have gone to Civil forum go get restrain orders.
3. I suggest you to approach a lawyer to file a private complaint with jurisdictional competent court to get direction to file FIR for further investigation.
4. You may talk to me to take up your complaint to court for further proceedings.
Hello,
You can file a complaint before the magistrate under section 156(3) of the Cr.P.C. before the magistrate, who may then direct the police to conduct an investigation in your case.
The aforementioned is the most appropriate remedy in your case.
Regards
Sir file a writ petition(writ of mandamus) under article 226 and 227 before the high court seeking directions to file an FIR for police in said offence.
Further you can also file a private complaint under section 156 (3) read with 190 and 200 Crpc directly to the jurisdictional magistrate for the alleged offence,
Yes it is possible to recover money if done in contravention to law
Hi, you can file a application before magistrate under section 156(3) Crpc .. The court under such section having reasonable belief of a offence being committed can issue directions to police for registration of FIR ..
You can file an application under Section 156 (3) before a local magistrate with appropriate jurisdiction to direct the police to initiate an investigation as your allegations on the face of it disclose the commission of a cognizable offence.
It is incumbent on the police to register an FIR where the complaint so much as discloses the commission of a cognisable offence. The Supreme Court has said as much in Lalita Kumari vs. State of U.P. 2014 (2) SCC 1.
If the police fails to comply with the orders of the magistrate, you can then approach the Madras High Court.
Yes, this is possible.
File a private complaint before the Magistrate under section 156(3) crpc.
To recover, you/your mother will have to prefer a recovery suit.
1. Since the said Properties belong to the Mother, she alone can lodge Criminal complaints against the related persons, who cheated /frauded /.... IF the Police does not take action, THEN based on the available documentary evidences, file a Private Criminal complaint under section 156(3) Cr.P.C., before the local Magistrates court, & pray for directions and investigations & relevant prosecutions, by the Police.
2. You, as a Son, are not the affected party. Hence you CANNOT file any criminal case, UNLESS you take a registered SPECIFIC Purpose Power of Attorney, from mother.
Keep Smiling .... Hemant Agarwal
You need to approach jurisdiction court and lodged a complaint with magistrate under section 200 Crpc praying for him to direct police to investigate matter and submit report to court. The offence committed by them will be under section 465, 34,149, 406.
1) your mother should file complaint before senior citizen tribunal against her sons
2) mention how her money was siphoned off by her sons . seek orders to direct her sons to transfer money back in her account
3) if police is not registering FIR mother should file private complaint before magistrate under section 156(3) cr pc to direct police to investigate and submit report
1. In these circumstances you may file a criminal complaint under 156(3) Cr.P.C. to seek a direction to police to register the FIR forthwith.
2. During investigation money can be recovered by police.
If no action is taken even after you have approached the Superintendent of Police or Deputy Commissioner of Police, you can approach Magistrate concerned under section 156 (3) of Cr.P.C.
You are trying to do right things in wrong way. You are stranger in case and on your report no action will be taken.
If this is the case your mother should file FIR in police and complain against your brothers and bank manager or file a criminal case under section 156(3)IPC in the court if police do not register FIR.
At the same time you may file a case in consumer forum/ State consumer dispute redressal commission as per the loss ( 20 lacs or more in state commission) against the bank.
This is your mother's money, hence she is right person to lodge any such criminal complaint.
In what capacity have you filed the civil injunction suit and what is the status of that case?
Your mother can approach city commissioner of police against the noneffective action by the local police on the complaint agaisnt the fraudster sons who have drained out her money from the bank account and also if she feels that the bank manager is involved in this crime, he may be added as a party to the complaint.
If no action is taken by the commissioner office on yor complaint you may approach City metropolitan magistrate court with a complaint under section 156(3) cr.p.c. seeking direction to the police to register FIR against the culprits for this act.
Firslty, yes, as per the provision of law you can file a complaint under section 156(3) before the mazistrate for direction ms to the police to register the same.
Secondly, but, I would also advice you to give a copy to the DCP or SP.
Thirdly, once you are done with this the. ask for the security also.
Hi,
You may approach CMM/CJM court for the directions to the police under 156(3) Cr PC
