• Copies of NCR and Police complaint

Last week in our apartment, Developer along with some accomplices blocked our gates for few hours and tried to confine our residents inside the premises.This is because he wants us to allow owners of another project to use our amenities.Some of us among the owners have filed a Police Complaint against the Developer for the same. The Police has issued a NCR for the same. The signatories to the complaint include some members of the Managing Committee(MC) (currently we are under Karnataka Societies Registration Act,1960). Now some among the MC are posting messages in our WhatsApp forums that this NCR and complaint should not be given to any Government bodies/ courts. 

1. Who can obtain a copy of the NCR ? complainants and accused ? / general public ?
2. Who can obtain a copy of the Police complaint ? complainants and accused ? / general public ?
3. Does one (if that person is complainant/accused) need to obtain consent of the signatories on the Police complaint before presenting the complaint/NCR to any Government body/ court ?
Asked 3 years ago in Criminal Law
Religion: Hindu

3 answers received in 10 minutes.

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14 Answers

1. Complainant and accused persons can get the copy.

2. Complainant and accused persons can get the copy.

3. No.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Accused gets it as a matter of right. You can also get it by application of certified copy or rti. 

No consent is required but to pursue aany complaint further you require initiative and willingness from complainants

 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Under RTI rules every flat owners has rights to know the NRC and police complaint copy to know it. You can get copy from police commissioner office as well same. 

 

If it's needed to submit it in government office and compulsory requirements for any government procedures than it can be produced it. 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Hello,

  1. The copy can be obtained by the complainant and the accused.
  2. Again, the complainant and the accused.
  3. There is no need to get the consent of anyone for presenting the copy to government body or4 court as no one can be restrained in exercise of a right.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

1. A complaint can be given by any member of the society or even society on behalf of its members, and hence the persons who lodged the complaint can received the copy of NCR .

2. Complainant 

3. No mandatory 

- Your query not very clear to reply in details

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

You don’t need to obtain consent of signatories before relying upon complaint in court or govt body 

 

2) complainant and accused can obtain copy of complaint / NCR 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7538 Consultations

5.0 on 5.0

NCR/Police complaint - Complainant/all signatories and accused. No consent require from anyone.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. Anyone can get copy of NCR through application under RTI act.

2. Anyone can obtain copy of police complaint if there is no section of crime against woman or child is involved.

3. No once signatures are obtained on complaint then no specific permission is needed to give complaint to police.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. You can file an application under RTI act seeking certified copies of the same.

2. Anyone.

3. you have been mislead by some rumour mongers.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

In the present post and case of your Society premises against  the Builder,  We answer your questions 1 to 3 as under:-

1- Both Complainant and accused from the court and Police Station. 

2- Both Complainant and Accused. 

3- No consent is required. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

general public. 

general public. 

consent not required. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

General public cannot obtain this. Ig there are many signatories to a complaint then you have to present the complaint as per their wishes too as they have signed due to certain conditions. You cannot take decisions on their behalf.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows.

  1. Who can obtain a copy of the NCR ? complainants and accused ? / general public ?

Ans: It is a public documents and it can be obtained any body by filing RTI application. The aggrieved may approach the Court by filing private complaint.

  1. Who can obtain a copy of the Police complaint ? complainants and accused ? / general public ?

Ans: As said above it can be called for by the Court if you file private complaint and FIR can be issued on the directions of the Court on the basis of private coplaint.

  1. Does one (if that person is complainant/accused) need to obtain consent of the signatories on the Police complaint before presenting the complaint/NCR to any Government body/ court ?

Ans: No, it has become public document as such it can be shared with any government body or with Court.

==============================================================

File A Criminal Complaint/Private Complaint In India: A Step-By-Step Process

 

Most Indian citizens are not aware of their legal rights. This lack of awareness is among the major reasons because of which reporting of criminal activities is not a seamless process in India. The general perception about policemen is also not helpful. However, reporting of crimes that you witness is essenial.

India has a poor reputation when it comes to reporting of criminal activity. Several crimes, particularly against women, go unreported. This is for a variety of socio-political reasons, but somewhere among them is also a misunderstanding of legal rights. India, in truth, has all the laws in place and understanding your rights is key to increasing reporting criminal elements in our society.

Below you’ll find the list of essential and start up friendly services like how to apply for food license, time take for trademark registration or procedure for Udyog Aadhaar registration.

A detailed procedure for filing criminal complaints has been laid down in India, as per the Criminal Procedure Code. The following steps will clear any doubts you may have over filing a criminal complaint in India:

Filing an FIR

In case you are the victim of a cognizable offence, the first step you would take is to approach the police. The police, on receiving information, prepares a written document, known as a First Information Report (FIR). The duty of the police lies in hearing the aggrieved and directing him to the District Magistrate for further action. An FIR can be filed by you if you are the person against whom the crime has been committed or know about an offence that has been committed. There are no charges for filing an an FIR, it being a crucial document that sets the criminal justice system in process.

What can you do if your FIR is not registered?

It is illegal to not register an FIR. The remedies available are:
1. You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their notice.
2. You can send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.
3. You can file a private complaint before the court having jurisdiction.
4. You can also make a complaint to the State Human Rights Commission or the National Human Rights Commission if the police does nothing to enforce the law or does it in a biased and corrupt manner.

What is the next step after filing an FIR?

The police conducts investigation, which may include arrests. Once the investigation has been concluded the police will record all their findings in a Challanï or charge sheet. If it is deemed that there is enough proof on the charge sheet the case goes to court.On the flipside, after their investigations if the police conclude that there is not enough evidence or proof that a crime has been committed they can close the case after justifying their reasons in court. If the police decide to close the case, they are bound to inform the person who filed the FIR of their decision.

What is a zero FIR and when should it be used?

A zero FIR is used for crimes such as murder,rape etc. where immediate investigation is required and time cannot be wasted in reaching the police station under whose jurisdiction the crime falls. The main idea of a Zero FIR is to initiate the investigation or urge the police to take their initial action. Once you have lodged a Zero FIR, make sure that your complaint is not transferred to the appropriate police station in your jurisdiction without any initial action or investigation.A zero FIR is necessary for crimes where immediate action is required,eg in case of murder,rape etc, or when the police station under whose jurisdiction the crime was committed is not easily accessible, eg in case of crimes while travelling

Criminal Complaint: The Plaint

It is a document submitted by the complainant to file a criminal complainant against an accused. In layman’s language, it is simply the written allegations of the complainant and it contains a summary of the facts of the case he seeks to present and the relief he seeks for the same.

If you are filing a plaint, you are the ‘plaintiff’ and the person whom you are filing against, is the ‘defendant’. There are certain regulations set by the ‘Limitation Act,1963’ for filing of plaints.

For instance, there is a time limit within which the plant should be filed, and it differs for different courts.
The Plaint, as per the Act, should be filed within 90 days in High court and within 30 days from the date of the crime that is being appealed against.

The details required to be mentioned in the plaint are:
A.The name of the court
B.The nature of the complaint
C.The name and addresses of both the parties.

All of this is normally typed in English, with double-line spacing.

It is also important to remember that it has to be filed within a certain time limit of the occurrence of the act in question as prescribed by the Limitation Act. A plaint filed after an unreasonable delay will not be entertained in the court of law. It should also contain a verification from the complainant with an assurance that all facts stated in the plaint are correct and true to his knowledge.

As the plaint procedure is simple, and if you have enough proof in hand, you can file them with the help of an expert in no time.

Criminal Complaint: Vakalatnama

This document is submitted by the complainant authorizing an advocate to argue the case on his behalf. Although an individual can file their Vakalatnama, the terms used are highly technical for a layman to understand, and respond in case of queries. Hence, a vakalatnama is a document that gives the advocate (who is appearing on your behalf) the authorization to fight for justice, and handle all court procedures on your behalf.

It contains the terms and conditions of this authorization, and lists out the rights of the advocate. The terms and conditions, mentioned in the Vakalatnama include:

  1. The advocate will not be held responsible for any decisions taken by him/her during the course of an investigation, in the best interests of the clients.
    2. The advocate will be paid the requisite fees as well as the fees for the court proceedings.
    3. The advocate can be disengaged at any time during the proceedings, if the client wishes, and so on.

The basic idea of a Vakalatnama is to engage a lawyer to fight for the case in the court, and to provide him the authorization to do it with the permission of the plaintiff.

The vakalatnama is affixed with the plaint and submitted to the court by the advocate authorized to represent the case.
Although no fees are paid for submission, some courts demand a stamp ‘Advocate Welfare Stamp’ to be pasted on it.

Criminal Complaint: Court Fees

The plaints are required to pay the court fees, as per the rules and regulations set by the Court fees Stamp Act.
The nominal court fee is then paid by the Complainant as required by the Court Fees Stamp Act. The court fees usually amount to a nominal percentage of the value of a claim or the suit being made in the case filed and thus, differs depending upon the case.

The advocate authorized to carry on with the dealings of the case will be able to instruct about the procedures and also the court fees to be paid.

All citizens should get to know about their rights of filing FIRs. At the same time, they must be aware of the steps that they can take if police refuses to register their complaints. In some cases, it is best to file a complaint petition before the judicial magistrate instead of registering an FIR.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Sir/Madam,

It is suggested that  any body can get the copy of the NCR and police complaint and no consent of any one required since it becomes a public document. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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