This is a matter of cheating and you can file he is under section 420 and 406 including 379 of IPC as there is no payment involved in as consideration you can claim your crane back.
Agreement fraud
My crane was located in another city called latur. Local party was interested to buy. So he meet me at thane. Which is my local area. We made 2 agreement. one in english and another in marathi. but he didnt paid but he took original marathi agreement and run away. and he took custody of crane in latur on the basis of agreement. And beaten my operator and took custody. Due to language barrier we didnt understand marathi terms. Both agreement is having different terms. English is in my faour and marathi is in his favour. I want to file fir in thane where agrremnt was made. But police is asking to visit latur. Written complaint submitted but no fir. Can we approach magistrate and request to launch fir in thane. as he gave threat if we visit latur he will kill us. Can magistrate help in this regards to file fir in my jurisdiction?
Asked 5 years ago in Criminal Law
Religion: Hindu
11 Answers
Better file Court complain u/s 156(3) CrPC for theft and hurt.
You can give complaint to magistrate. But jurisdiction for complaint is latur because the crane was in latur and forceful possession was also taken in latur.
So magistrate may transfer the complaint to latur court and it may order latur police to file FIR.
Sir, Marathi version claims payment done. But no source of payment details mentioned. I mean how much cash how much cheque. English version mentions payment need to be done. Both agreement has different clause on payments. And both are notarized agreement. We want to file fir in thane where agreement was made and notarised. But police asking us to visit place of crane where it was located. As he is local of latur he has threaten us of our life.
Asked 5 years ago
Than the allegation shall be by executing forged document and misusing it by taking possession of crane forcefully on the basis of it and without making any payment.
Because agreement matter is civil issue and police have no jurisdiction to handle civil issue. You will need to approach court for the agreement issue.
And the crane and its possession was forcefully taken in latur so criminal jurisdiction belongs to latur police.
Police must file your FIR even if it claims that it doesn't have jurisdiction in the matter
Ask police to lodge a zero FIR
Police is bound to transmit your FIR to the correct police station if it claims it has no jurisdiction
File complaint before magistrate under section 156(3) cr pc to direct Police to investigate and submit report
2) Police inthane would have jurisdiction as part of cause of action has arisen in thane
3) however since crane was stolen in Latur better file complaint in Latur
File private complaint before magistrate under section 156(3) cr pc as mentioned herein above
1. You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their notice.
2. You can send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.
3. You can file a private complaint before the court having jurisdiction.
4. You can also make a complaint to the State Human Rights Commission or the National Human Rights Commission if the police does nothing to enforce the law or does it in a biased and corrupt .
Since the cause of action took place at Latur, you may not get any positive reply action at Thane even if you approach the judicial magistrate court in Thane.
You have no other choice than to aproach Latur police station and the judicial magistrate court for releif and remedy
Place of agreement is not the place of cause of action, hence you have a case maintainable in Latur only.
What was the necessity to prepare two different types of agreement when you knew that there was no payment made at all.
You are hiding the main information here but want to seek opinion on a blanket issue.
However you may approach Latur police or judicial magistrate court for relief on this and not at Thane