• Unknown number, illegal and continuously harassment calls already complaint given to police station

Unknown number , illegal and continuously harassment calls at midnight , and no voice from the caller ... already complaint given to police station... No action till now .. how to proceed to catch the offender and what a action can be taken on police officer for negligence in duty . Please help
Asked 5 years ago in Criminal Law
Religion: Hindu

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32 Answers

If it's still persisting you need to file criminal complaint in the same to the magistrate

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. If there is inaction at the level of police station then send the complaint to Police Commissioner/SP of your district.

2. FIR has to be registered and matter investigated by Cyber Crime Cell.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Such activities are childish . Some crazy people may be at the end just joking. Legally you take action but it would involve much effort of both police and yours. Better you block the number. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Sir/Madam,

You are suggested to file the online complaint on the website of state police and preserve a copy of that. In that complaint please mention the numbers used for calling to you and also previous complaint by you. There is no need of citation in this matter and the format of complaint is very simple. Please keep in mind to mention the time,date, telephone mobile number of that caller.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

If no action has been taken by local police station file complaint with commissioner of police regarding failure of local police station to take action on your complaint 

 

2) you can also file private complaint with magistrate under section 156(3) of cr pc to direct police to investigate. and submit report 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Act as mentioned herein above 

 

you can engage lawyer for drafting complaint before  magistrate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Since police has taken no action on the basis of your previous complaint you can now firward tge same  complaint to the office SP ir other higher officials. 

If even that doesn't yield to any action then wait till lockdown is lifted after which you can apply in the court of Magistrate under section 156(3) crpc where the court would direct the police to investigate on your complaint. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hello,

  1. If the officer has not taken any action, you must escalate the complaint to higher ups like the Commissioner of Police for appropriate action. Catching the offender is the job of the law enforcing agencies and all you need to do is to follow up with your complaint if no action is taken timely.
  2. If you do not see any action being taken by the Commissioner of Police as well, you can file a private complaint with the Magistrate who in turn will order an investigation. However, a caller not sounding any threat, intimidation or unlawful demand etc. won't be treated as a cognizable complaints leading to and FIR or even investigation being ordered by a Magistrate.
  3. It would be advisable to rigorously follow up with the polce.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

You cannot take any action against the police officer for negligence of duty especially in the present scenario.

You block the number which is continuously calling you.

You can install true caller app and find out the name of the caller.

You can give a complaint to the cyber police also about this nuisance if the local police are not effective.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

For utilising the services of an advocate you may have to contact any advocate of this forum directly by taking their number from this forum which is available in the services section of this forum.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

Be understand you should not remove from your head you will initiate action against the police. Police have 1001 works to attend. Sometimes police could not attend the complaints of VVIPs. They have their own limitations. You may catch hold such person/s by approach the Private Detectives then you may approach the police with specific information or lodge a private complaint in the Court directly through advocate.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. since you have already given the complaint to the police, therefore, you can send a copy of the complaint to the higher police officials with another copy to the concerned Home Minister & Chief Minister,

2. you can also intimate your concern to the Women Commission and Human Rights Commission,

3. You can also opt for filing a case as envisaged under section 156(3) of the CrPC for lodging the FIR and to investigate the matter,

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

you can contact any lawyer for drafting of a complaint through the proper channel

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Escalate before the Senior Officials in the Police Deptt. This can be done by writing a letter to them. Clearly mention that no action was taken by the local Police Thana on the earlier complaint lodged by you, and hence you were compelled to escalate this. The higher ups in the Police Deptt. will direct your local Police Station to lodge the FIR in this matter and nab the miscreant. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Write letter to the commissioner of police against inaction of inspector based on your complaint wait for 15 days thereafter approach jurisdiction court lodging private complaint seeking direction to police to investigate the matter

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

For draft of complaint you need to contact individual advocate. 

You can write the complaint against the caller and the police officials to the SP of your area.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- As per law, making illegal and harassment calls to someone is a criminal offence , and the person , who is doing so can be booked under the provisions of Indian Penal Code.

- Since, you have already given your complaint with the local police , hence on refusal of lodging an FIR against the culprits , you should submit your written complaint to the Superintendent of Police (SP), Deputy Inspector General (DIG) or the Inspector General Police .

- You can send your complaint to them by registered post or online as well .

- Further, if no response , then file your complaint before the Judicial magistrate for the same. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

See if you have already filed the complaint and police has not taken action, file complaint before the SP bringing this to his notice. you can file a written complaint with the SP office. 

Further there is a helpline and website of the central government to report the Cybercrime you can do the same also. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

There is no prescribed draft for it you can simply write a letter/email mentioning the events and also can mention that police failed to take action. No citation is required at this stage. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the complaint filed in local police is in vain, then file the same before Superintendent of Police. If no response will getting from the office of SP then file a private complaint before magistrate court under section 156(3) .

Or

You can put the number in reject list Or download true caller.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

Hello,

If you are a women then police should take action without delay.

You should send a complaint which has to be by speed post to SP and OC to take immediate action if you feel threatened with this activity.

Hope this helps .

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Further note that calling at midnight is not any criminal offence. Police can  not take any action. They can only give some warning. 

It is a civil wrong when  no threat is given over phone.

So block the number. Do not waste your time and energy.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

This is a case of stalking. Complain to women cell and also inform about complain given to police but no action taken.

Above act, amounts to molestation.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If a complaint has been filed and the police has done nothing then file a complaint before a magistrate immediately.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

A copy of that complaint must be annexed to the present complaint.

You have to contact any lawyer through this platform. Then only we can help you.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You should send the complaint to SP of Mumbai.

2. Mention in complaint that a complaint is already given to nearest police station but no action was taken till date due to negligence.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Respected sir/mam

there is an appropriate procedure led down in the CrPC where first of all you have to move a complaint over which the police officials have to Lodge an FIR and if they don't then you must have to complain to their  superior officer for that conduct if their superior officer don't take or in don't initiate any action then you must have to file a complaint under section 156 3 CRPC that will be private complaint filed by you in the court and then action can be initiated or that of under and police officials also and court also can give direction to the police officials to lodge FIR 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

file complaint before Higher authority of police. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Consult and engage a local prudent lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If no action is taken by the Police, make a representation to the SP / CP of your area appending the complaint and seek directions from them to the local police.

Inspite of the above, no action is taken, make an application under RTI seeking the action taken / status of your complaint.  If you do not get any relief.

You can file private complaint before the concerned magistrate U/s.156(3) Cr.P.C. through an Advocate.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. send a message to the Mumbai police on twitter

2. write a reminder letter to the police with all the details and mark a copy of this letter to the Commissioner of Police

3. this platform is not for sharing legal drafts. You can contact any of the empaneled lawyers on this platform and request to draft the complaint for you against payment of that lawyer's professional fee

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

  1. As per the information mentioned in the present, makes it clear that you have already acted by giving a complaint to the police, but no result yet.
  2. I would like to apprise you that now you should send the same complaint to the DSP or SSP and then proceed before the jurisdictional magistrate under section 156(3) of the Cr. P. C.
  3. Thereafter, there will be immediate FIR and action against the culprit.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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