If it's still persisting you need to file criminal complaint in the same to the magistrate
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
Please send me draft complaint along with citation in this matter ... I have given complaint three months ago
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.
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.
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.
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
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.
Hello,
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.
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.
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.
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,
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.
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
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.
- 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.
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.
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.
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.
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
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.
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.
If a complaint has been filed and the police has done nothing then file a complaint before a magistrate immediately.
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.
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.
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
Consult and engage a local prudent lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.
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.
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