• Please guide if FIR or NC will be registered under what sections of IPC? Police not taking FIR

Dear Experts,

On 27th August 2017 I made a complaint to vacate the stilt parking (as per my OC plan) of my building which is currently in use as flat by one of the resident of our building. Initially the KBMC issued a notice to that resident and later withdrew it stating that stilt parking was converted to flat after giving part OC. But the resident of flat in question in his reply filed through his advocate, leveled defamatory allegations of extortion against me and stated that extortion has become my profession. Also to let you know we have multiple litigations against our builder as a result of which he has filed a false case extortion in 2014.

Later on 27th December 2017, our secretary informed us that since we have complained against illegal conversion of stilt parking in to flat and other illegalities in society affairs for which society has received multiple notices from Assistant Registrar office Ambernath. The resident of flat in question along with builder and other society members are spreading false rumors against you in the society and asking people to sign false application to implicate you both in false criminal case similar to the case that builder filed against you in 2014

As soon as we came to know, we personally met Hon’ble DCP – Zone 4, Ulhasnagar on 30/12/2017 and explained him the matter in detail. After which, he entered a remark on our application directing Badlapur west police to investigate the matter and take action within 8 days and submit him a report on same.

In January 2018, police station took my statement on extortion complaint filed against me which was by 20 people including builder and residents whose flats are on rent and do not stay in the building. The complaint was filed before Assistant Commissioner of Police – Ambernath and was also forwarded to Chief Minister’s Office- Maharashtra, Lokayukta – Maharashtra, Commissioner of Police – Thane, District Collector – Thane, Assistant Registrar of Societies and Municipal Council. The complaint was forwarded to all the offices where either of my complaint was pending against builder or society. After reading the entire complaint we presented our side and requested Police to file a case against us and send us to Hon’ble court if at all there is any truth in the complaint.

Since the police didn’t do anything on false complaint against me I asked for status and they informed me that since they did not found any substance in complaint they did not registered FIR against me. When I asked police about the status of my complaint to DCP dated 30/12/2017, they said we can register only NC u/s 500 and 120b of IPC as it does not amounts to cognizable offence and that to against 2 or 3 people not against entire 20 people. When I insisted to register FIR, Sr. PI even refused to register my NC.
Dear experts my query in present case is,

1- Whether FIR can be registered in present case u/s 120b, 109, 500 of IPC?
2- What If Jt-CP and DCP are also refusing FIR?
Asked 5 years ago in Criminal Law
Religion: Hindu

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12 Answers

1. yes the FIR can be registered. 

2. If the police is refusing to lodge the FIR then file a complaint before the magistrate under section 156(3) of the Code of Criminal Procedure

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. Private complaint has to be filed against people before the magistrate under section 190 and 200 crpf for.offence under 500 ipc.

2. See in your case.you should file a private.complait with the magistrate on taking cognizance magistrate shall register.the case.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

You can file court complain, since charges are minute, rare possibility. Abetment and criminal conspiracy are both for non cognizable offense, police will release them on bail on submitting personal bond.

IN such matters police has no power to investigate without order of Magistrate. File court complain.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

FIr can be registered against accused for making false and defamatory statements against you 

 

2) if police refuse to register FIR against accused file private complaint before magistrate to direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

case of criminal conspiracy is made out as they have acted in collusion with flat owners of society to defame you 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been harassed for no reason.
  2. In fact, you may very well take the plea of being targeted by the builder and that flat owner as you have filed various complaints against them for their illegal possession over an area.
  3. It may be treated as the counter blast to your compliants.
  4. Yes, it may amount to conspiracy against you, in fact you now file a criminal defemation complian against them to the police as soon as possible.
  5. And please keep one thing into your mind as just because of some cases against you, doesn’t make you an accused/guilty tit he time it is been proved before the court of law.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

See 120(b) itself is not punishable offence in this punishment is same as main offence so main offence defamation under 500 ipc is non cognizable.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

120b (1) reads as follow: 

Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

 

This section is not an offence in itself, the punishment will be same as that of 500. Therefore, you may go ahead and file a complaint before the magistrate under said sections. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

If any police officer not taking your FIR on cognisable offence you can first Complaint to his immediate superior and then to Acp,Dcp and commissioner of police. You can also file a Complaint in court under section 166, 166A of IPC

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

The section mentions by you can't be cognisable without an offence which is cognisable in nature to support them. If you want section 109 and 120 b should be cognisable you need to file an FIR with offence which is the cause of your fight bring cognisable else all the said offences will turn non cognisable. Section 500 is non cognisable. So no fir will be recorded with theses sections

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

If you feel that the police is not entertaining the complaint and not initiating the legal action as required by law, you may approach the jurisdictional judicial magistrate court with a petition under section 156(3) cr,p.c seeking direction to the concerned police to investigate and initiate proper legal action on the complaint pending before them.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You cannot conclude anything that way, suppose that complaint had been registered and any action taken against you then what would have been your position.?

If you feel aggrieved by their action, you can initiate private criminal complaint against them under section500 IPC read with section 120b also.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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