If police refuse to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
Our house was locked for 2 days. During that time valuable Jewellaries and money were stolen from our house.... But during the process all locks of the house remained intact.. The local police refused to lodge theft complaint saying any house members be involved in it.. We strongly suspect one of our neighbors to be one of the accomplice in that theft.. But without proof and police help we couldn't approach.. What should we do to get the thief and get back the jewelleries?
If police refuse to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
If police is not investigating complaint properly, application 173(8) can be made for investigation by Higher Police Officers.
You should send a written complaint to SP for registration of FIR for theft in house and fair investigation of case to find the real culprits of theft from your house.
You can file a complaint in court under 156(3) crpc for the same. Court will issue the order to register FIR and do inquiry
1. If the local police station refuses to register FIR then you can lodge complaint with the higher officials of the Police.
2. If even that does not yield to any result then you can file petition u/s 156(3) crpc in the court of the Magistrate whereby the Magistrate can direct the Police to cause investigation.
3. if after the registration of Police it remains inactive then you have the option of filing a writ petition against police inaction.
See if police refuses to register the FIR file petition before the high court for direction to register FIR and alternatively you can also file a complaint before magistrate if you donot want to go to high court.
Two option.
Complain to SP by a written letter. Send by registered post.
Wait some time. If no action taken, file complaint to magistrate u/s 156.
Valuable jewelleries and money were stolen from our house when it was locked.. During the process all locks remained intact.. How to get the thief or get the jewelleries back without help of police? Is there any legal way in this case without help of police?
You need police help to trace the culprits
2) poluce are bond to lodge FIR
3) you can complain to commissioner of police if local police inspector refuses to lodge FIR
See you cannot get same back without help of police, it is only legal way to get stolen jewelry and catch thief.
Without police no legal way. You can appoint detective for the same if you feel that who has done it.
No you cannot search anyone without interference of police officials For searching your stolen articles.
You cannot do any thing. Without police.
If police had denied to lodge FOR. I. R then move a complaint to senior police officer including S. P even if no case registered then move a complaint under section 156(3) crpc before magistrate and then police will register case and investigation will start
If the police is refusing to register the complaint then you may approach the higher police officer of the city with a similar complaint and seek his direction to the local police to initiate proper legal action as per law on the complainant.
If this step also do not prove effective then you may approach judicial magistrate court with a petition under section 156(3) cr.p.c. seeking its direction for action as per law in this regard to the concerned police.
Even with the help of police it would be very tough to nab or trace the thief, so there are no chances to nab the culprits without the help of police unless you adopt some illegal means.
1. Send the complaint letter to the police by speed post and collect the track recprd of deliver from the net after few days.
2. Send a copy of the said letter in the same way to the local Commissioner of police.
3. If no action is taken by the police, file a Writ Petition before the High Court against police inaction praying for an order upon police to register FIR, investigate and act as per law based on your said complaint.