If police is not taking any action in your FIR then you have to move to the high court and file a mandamus writ petition to get the order for police to take action in this regard and police will bound to take action after the high court directions
Failure of Police Action.
My mother is building a house in a particular place in Guwahati, Assam, where there is an ongoing dispute between one of the families already living nearby and us, regarding the dimensions of the plot my mother has been allotted by the concerned revenue circle officer. They do not care for the authorities or any such government body, and claim that the plot we have been allotted consists of a road 18' wide, which shall be used by everybody and not fall under our plot. However, as suggested by the respective officials, we proceeded with our work, regardless of any such hindrance, but on the 31st of January, 2019, a member of that family in question sent a threatening text to my mother stating that if we proceed forward with our work and he needs to arrive on the spot, my mother would have to face grievous consequences. We immediately informed the concerned Police Station and filed an FIR, which was registered on 1st February, 2019 and not that day itself. Moreover, the police took no actions whatsoever and although the situation calmed down until 9th March, 2019, on the 10th of March, 2019, a member of that same family physically assaulted one of my labors, who stay at the plot during the night. They also threatened them to vacate the place immediately and would cause more harm if the labors continued their work. I also have video proof of the family openly threatening anybody who dares to work on our piece of land, and they do it in front of Police officials, who are seen to be standing there watching them threaten us and the labors. What shall I do next, considering the police have proven to be incompetent to me, and incapable of protecting my mother or anybody working there from the goons?
Asked 7 years ago in Criminal Law
Religion: Hindu
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13 Answers
You can file a petition before the high court seeking direction for police to carry fair investigation and further seek direction for protection for mother. The high court shall pass appropriate order.
labourers should file police complaint of criminal intimidation under section 506 of IPC against the neighbour
2) if no action is take file private complaint before magistrate under section 156(3) of crpc to direct police to investigate and submit report
You can file a Complaint to the superior Officers of police department. You can also file a criminal writ petition in hc
As of now, 23 hours have passed since the labor who was assaulted, filed a complaint in the concerned police station and yet, no action has been taken by the police. Is there any way I can address my grievance to the higher officials of the police department (maybe by email) regarding the incompetency of the concerned police station and seek their help, or the court is the only option at my disposal? I have certain unavoidable personal issues which makes it a little difficult for me or my mother to physically access the high court.
Asked 7 years ago
There are emails on their website. You can email your Complaint
You can write a letter and EMail to the Superintendent of the police and the District collector informing him of all the activities and seeking redressals.
File a writ petition in high court under mandamus.
1) file complaint with commissioner of police against the local inspector for refusal to lodge FIR
2) you can file RTI application as to what action has been taken on your complaint
Dear Client,
Are you sure police registered the FIR or mere entry in case diary. Have police registered your statement ? Better approach Area SP and show him the video clip, threatening message and file written complain of fresh incident of violence, criminal intimation and criminal trespass.
- As per the information mentioned in the present query, makes it clear that your prior FIR has not been entertained till now and now the new one has not been looked into.
- See, for the second incident you can approach the concerned Magistrate under section 156 (3) of Cr. P. C. for registering the FIR.
- And for the inaction on the prior FIR, I would advice you to file petition under section 482 of Cr. P. C. before the Hon’ble High Court for changing of the concerned Investigation officer and to take action immediately. You would surely get relief.
1. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
If the concerned police is not cooperating or not taking any action on the complaint or further issues, then you may approach the commissioner o police with a similar complaint seeking its intervention and direction to the local police to initiate proper legal steps agaisnt the mischief mongers.
If you dont get proper response from the top police officer also then you may approach the jurisdictional judicial magistrate court with an application under section 156(3) cr.p.c. seeking direction to local police to take proper legal action on the pending complaint before them.
Under the given circumstances you always avoid sending complaints or any letter to the officials by emails. You will not get any response from any authority for the complaints sent by email even though they may boast to be very prompt to the email complaints.
You may aproach the top police officials immediately or approach judicial magistrate court with an application as suggested in my previous post.
But 23 hours is not a delay.