Help me by providing some point of law regarding police inaction
I want to file a writ petition demanding CBI enquiry for police inaction in reference to Bidhanngar PS case no 40 dated 21.02.2013 u/s 380/409/465/466/467/468/204/120B/34 IPC. 15th months passed , Police till date not arrested any accused person, not search any place, not recovered any stolen property. Matter is related theft from bank locer.
Accused are banker. Police issued notice u/s 91 Cr.P.C twice me and I have given my reply. Police did nothing except to harass me on different pretext and evasive ground and trying his best to save the culprits from punishment.
Please provide some relevant Point of law regarding the writ petition drafting.
Saikat Banik( Kolkata). Mobile- 9804738494
Asked 3 years ago in Constitutional Law from Kolkata, West Bengal
Without case details it is difficult to advise with concrete suggestion.
Prima facie it appears wrong that you went for CBI enquiry.
You should have rather applied for Writ against police inaction which case the court would have asked for institution of SIT.
CBI enquiry is not allowed unless large scale offence spanning several states is involved.
The orders of the court if any and the writ petition needs to be seen for further advice.
Best of luck.
it is your case that on account of theft from bank locker no action has been taken by police . under the circumstances you should have filed writ petition against police inaction . no case for CBI inquiry is made out .
for drafting of writ in kolkata high court you can contact Mr barman as he is practising lawyer from Kolkata only
1. Drafting writ petition is not like writing ABCD. You need a trained legal mind to do this. Engage a lawyer from Kolkata High Court and he will take care of all the necessary issues to be mentioned.
2. Since Mr.Devajyoti Barman is from Kolkata you may contact him.