Police inactions despite Court Order u/s 156 (3) CrPC
Cognizable Offence complained IPC 420, 465, 467, 471, 409, 120 B r/w 34.
What is the next remedy when Police in Collusion with Law Offender adamantly fails to Investigate despite Courts Order u/s 156 (3) Cr.PC, which was challenged u/s 482 CrPC before HC under 3 CR. WP but HC upheld ACMM Order and but Accuse Collided with POLICE and managed them to submit NC C summary Civil case - Final report u/s173 Cr.PC.
Final Report set aside under Order on Protest Petition u/s 202 Cr.PC and Time Bound 4Month order / directions given for further Investigation to IO. Pvt. FL HW Expert Opinion corroborating Forgery submited but IO does not consider insist for Govt. FL HW Opinion and Delaying, over 16 month passed.
6 year of FIR passed but Charge not yet framed. Remedy ?
Police flouts Courts Order willfully, so contempt Notice given and SAY called but again Police is adamant and acts as if above the Court.
ACMM Court is knowing Silent not passing Order for contempt or otherwise.
My fundamental Right for Expeditious Justice violated as enshrined under 21 and for Equality under Art. 14 of our Constitution.
I want to file SLP in SC. How and what else formalities ? Help I want conviction for the Law Offender.
Asked 2 years ago in Criminal Law from Mumbai, Maharashtra
apart from the SLP you may file a complaint against the Police officials for negligence of Investigation and disobey the direction of the court under section 166A of IPC read with another section after consultation with a lawyer in person with all documents. it will be better.
you may contact over the phone after pay the consultation fee which is very nominal.
Advocate, New Delhi
Such things are not uncommon and they occur despite stringent laws and orders passed by courts. Sometimes the court also remains silent turning blind to he events happen before its own eyes.
However you can approach high court with a writ petition seeking direction to the court to initiate contempt proceedings against the offender.
This is a classic case of police inaction.
Unfortunately in investigation stage the police/investigating agency hardly give due importance to the direction of magistrate.
File a writ petition in high court against police inaction.
Then observe how the police becomes gets over active in a day.
1. Since the charges have been not been framed you can move the HC to bring the chargesheet on record. Furthermore, you can move the HC to prosecute them for contempt if the ACMM has not acted on contempt petition.
2. If you wish to move the SC you are free to do so. The formalities are no more complex than filing a case in any other court. Just brief a lawyer.
1. First file a Writ Petition before the Huigh Court against Police inaction and also for direction upon the lower Court for expediting the hearing,
2.After failing in getting relief, you can file SLP before the Apex Court,
3. Contact a law firm at your place having offiice at New Delhi for preparing to file the SLP and also monitor from the office at your locality since it may not be possible for you to be present at N.Delhi to oversee your case,
4. If you can come to delhi, then engage a Supreme Court lawyer at N.Delhi for fiing the said SLP.
Sir, One important but divisive Point of Undue Interferance by Influential Govt. Officials came lately to my mind so sharing and seeking Advise.
8 Accused of Pvt. Complaint had filed 3 Cr.WP in Oct.2009, after 32 Hearing before 7 different Judges/ Adjournments, Bombay HC did not Quashed FIR & ACMM Order u/s 156 (3) but upheld it - That is also Violated because in the TEETH of HC Order, Investigating Officers ignoring Documentary & compelling Evidences, closed FIR Cognizable Offence case as NC - C summary case, which has now come out and agreed by I.O. in Further Investigation, under 17 to the Points query raised by ACMM. but till IO most arrogantly not submitting Supplementary Charge Sheet though 12 months exceeded over time permitted in the 5 page detailed order on Protest Petition. I mean after Inv. closure u/s173 Final Report - ACMM becomes the Boss. ( Adv Devjyot Sab) Under 3Cr.WP High Court had upheld ACMM Order u/s 156 (3) Cr.PC. Point is POLICE and Govt. of Maha. are Adamant because there is SEBI Chairman's being Richest & Central Govt. Chief has influenced by Undue interference in the due Process of Law. He has written to CM why Police are registering FIR against SEBI registered Brokers ? This is serious attempt to kill Administration of Justice. How to NAB this, EXPOSE this, Ward Off this ? Many thanks for prompt replies.
Asked 2 years ago
If the magistrate court's orders are flouted by the police and the magistrate is not bothered about it, the next step is to approach high court with a writ petition seeking relief against the IO.
You may approach high court with a writ petition under article 227 of Indian constitution seeking relief and action desired to be taken against the police too.
1. File a W.P. before the High Court against police inaction and also seeking relief against such interference from SEBI Chairman,
2. If you fail to get favourable order from the High court, you can approach the Apex court as advised in my earlier post.
The only way to address this issue is by approaching the HC for the necessary orders. The HC can take SEBI Chairman also to task.