• Medical admission scam

Sir
I had posted a description of the scam previously 
The commissioner of police refused to take up the case for FIR
Our lawyer had asked us to file a private complaint 
What is a private complaint and how do we proceed 
Will a private complaint be enough to direct the police for an FIR
Asked 6 years ago in Criminal Law
Religion: Hindu

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13 Answers

See can file a petition in high court seeking direction for police to file a FIR against the involved person in scam and investigate.

And alternatively you can a private complaint directly with the magistrate under crpc 156. In the complaint you can give complete facts the magistrate on complaint can take cognizence and can direct police to investigate.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can file a complaint to magistrate and secure orders under section 156(3)  of crpc and file FIR. 

Prashant Nayak
Advocate, Mumbai
34540 Answers
249 Consultations

If police refuse to lodge an FIR you have to file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
99810 Answers
8147 Consultations

1. Private complaint is filed under 156(3) Cr.P.C. wherein the magistrate can direct police to lodge the FIR.

2. It should suffice.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The private complaint has not much teeth to get the job done or crime to be unearthed.

Rather file a petition u/s 156(3) whereby the court would direct the Police to treat your complaint as FIR and cause investigation.

Thereafter if the Police remains idle then you can file writ petition against police inaction. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Yes, it is possible for the Magistrate to give direction to the police under Section 156(3) of the Cr.P.C. to conduct investigation and report or directly lodge FIR , even if the complaint was filed under Section 190 / 200 of the Cr.P.C. before such Magistrate. 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

A private complaint is a criminal complaint filed before a magistrate and he will take cognizance of the matter and direct the police to investigate the matter and register the fir if any offence is made out.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

read the reply posted there

 

if you have the copies of some documents which was shown to you by that person, FIR can be registered against Unknown person and investigation can be conduct by the police, if not, than all the exercise will be useless 

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

It is filed in court than court orders the police to register FIR and submit report after investigation.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

You can file a private complaint in the civil court or criminal court depending on the nature of offence. 
your lawyer will help you to draft the complaint, file it in the court having jurisdiction and also help you with your court proceedings

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

yes, if the police didn't register FIR, the aggrieved person can approach the Court under section 156(3) for registration of FIR

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

A private complaint can be filed either under section 200 cr.p.c. or by filing a petition seeking to direct the police to investigate and initiate proper legal action on the pending complaint under section 156(3) Cr.p..c.

It depends on the direction of the magistrate court on the basis of the satisfying factors put forth before court in this regard.

T Kalaiselvan
Advocate, Vellore
90012 Answers
2497 Consultations

Dear Sir,

The procedure has been enunciated in Section 200 of Code of Criminal Procedure Act, 1973. For the purpose of explain the main points in a nutshell for practical use, I’ll state them in bullet points.

  1. The complaint has to be filed with the magistrate who has the jurisdiction to try the offence complained of. However in cases where the complaint is accidentally filed with the magistrate not having the jurisdiction, the magistrate is duty bound to return the complaint to be presented to the appropriate magistrate by stating the necessary details thereof.
  2. The complaint may be made orally or in writing. However it is always better to furnish it in writing.
  3. Unlike the filing of the FIR, whereafter the police straightaway proceed to investigate the offence complained of and arrest the suspects, in case of the complaint the magistrate will not proceed with it without examining the complainant and witnesses (note-only the witnesses who are present at the time of filing such complaint).
  4. Thereafter the magistrate will make a written report of the examination and sign it himself as well as get it signed by the complainant and the witnesses.
  5. Thereafter if the magistrate is satisfied that the complaint coupled with the examination discloses an offence he shall proceed with taking “cognizance” of the offence (which simply means that he would summon the accused suspects for the purpose of trial)
  6. However if the magistrate is not satisfied that the complaint (and examination) discloses any offence, he may take one of the two options available to him: he may either dismiss the complaint or he may order the police to undertake some further investigation under Section 202 of the Code.
  7. After the police officer reports back to the magistrate his findings the magistrate may proceed with either of the steps stated in point 5 and point 6 (minus the investigation order, of course, which has already been given).

That, in short, is the process of filing a complaint with the magistrate.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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