Suggest the steps after filing complaint with the police
sir my brother Ravi filled complaint to the police against my cousin Nagraju D(central government servant) for beating and using bad words with 6 other gundhas at night 1am. Police filled FIR section 323 & 504 on the basis of mlc given by the govt hospital.Nagraju was cald to the station, police scolded and leave him giving warning not to repeat this.on asking the police for further action they answered me and my bro to go to court and file case on the basis of copy of FIR or withdraw the case. Recently i came to know Nagraju is still carrying his govt duty & planning to go out of the city with for relatives marriage.i informed the police but no response from them.Nagraju injured my bro and still living daily life freely and hapily.please suggest me and my bro what steps to be taken against Nagraju & can a person on whom FIR is filled can leave the city & carry his duty & tell me wht is the exact procedure to meet the lawyer and fees details normaly for this case.
Asked 2 years ago in Criminal Law from Pune, Maharashtra
the offences charged are compoundable and bailable punishment involved is tow years maximum
Criminal procedure code has The offences are divided in two categories where police can investigate or take action based on that-
police is empowered to register the FIR and investigate only the cognizable offences. Police can arrest an accused involved in cognizable crime without the warrant from the Court. whereas in a Non-Cognizable offence Police can neither register the FIR nor can investigate or effect arrest without the express permission or directions from the court are known as Non-cognizable offences.
while following the procedure in Criminal procedure code , Police is required to record an abstract of such complaint in the General Diary which is called N.C. and advise the complainant to file the complaint in the concerned court as police is not empowered to initiate action in such matters without the directions of the court. A copy of the entry made in the General Diary may be provided to the complainant free of cost.
In your case now you should approach a court asking for an enquiry/investigation .The police just did a namesake work without troubling the accused.
filing a criminal complaint before the competent court, under Section 190 of the Cr.P.C.will be your option , since the police has not taken any Action against the accused
Both the section as mention in your query are non-cognizable offence, hence police can not registered the FIR apart from this the Police may only register an NCR against him.
you may file a compalint against him before court u/s 200 of Cr.P.C and also send a complaint to his department for action.
the fee is depend on the lawyer, you may contact over the phone after pay the consultation fee for further assistance
Advocate, New Delhi
The police have done their duty of registering FIR against the accused. Since the offences registered are of bailable in nature, they were let off on station bail hence they were not remanded.
In any case, if they are on bail, what is the restrictions to leave the city or to attend the office?
If you are not satisfied with the police action, you may approach the judicial magistrate court with an application or private complaint under section 156(3) cr.p.c for direction to police to investigate and frame more severe charges based on the facts found in the investigation.
You may take the help of a lawyer for doing this job or you can file it as a party in person too where you can avoid the lawyer fee.
1. Police is legally right. It has performed its duty. It is a private wrong and not a wrong against the society. So your brother has to seek the remedy before a court of law.
2. Your brother can file the case against his cousin in the court whereupon the court may punish him with imprisonment.
3. We cannot tell the fee of any other lawyer. As and when your brother consults a lawyer and asks him about his fee the latter would inform him.
FIR is registered under section 232/504 both sections are relate to offence punishable below the 7 years of imprisonment.
According to section 41 of crpc, as amended in 2009, police can't arrest any accused for the allegation of offence committed below the 7 years of imprisonment.
section 323/504 are also bailable offence, so nagarju can't be arrested. now police has right to give bail in bailable offence.
1. Nagraju is an accused only uptill now whose alleged offence shall have to be proved before the Court,
2. Both the sections put by the police against Nagraju are non-cognisable and bailable,
3. It proves that police has put lighter charges on Nagraju,
4. File a write petition before the High Court aleging police inaction/ under action.