File private complaint before magistrate if police refuse to lodge an FIR
court can direct police to investigate and submit report
High Court Appeal Suit | Influential Politician Threatening
Dear Sir, I am currently involved in a Civil Appeal Suit in the High Court. Despite a favorable judgment from the district court, a highly influential senior politician is pressuring me to surrender my properties to them. The local police and politicians are supporting the opposing party, ignoring our court decree even when presented as evidence. As an ordinary citizen, I seek your advice on how to proceed. The police have been unhelpful, and we are facing attacks from these individuals. Despite providing CCTV footage as proof, the police refuse to register a case. I am planning to seek a Temporary Injunction through my lawyer in the High Court. However, even if the court grants the injunction or other relief, if the police remain uncooperative, whom should I approach to ensure my concerns are heard? Thank you for your guidance.
Asked 6 months ago in Civil Law
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8 Answers
You seek direction from high court to police to register the FIR against the politician on the basis of your complaint.
High court may not entertain you injunction suit directly.
You may have to approach district court only with a suit for permanent injunction to restrain him from interfering with your possession and enjoyment or to refrain from putting pressure on you to sell the property to him.
Once the high court passes a restraint order the Police is bound to protect the same.
If not, then you can file writ petition against Police inaction in the high court again.
The order passed by the high court is not so easy for the Police to bypass.
If possible try to bring this issue in social media for gaining public support.
You are right to be concerned, and it is good that you are considering seeking a temporary injunction from the High Court. Since you are facing threats and coercion from a politically influential individual despite having a favorable lower court judgment, it is crucial to act on multiple fronts. First, through your lawyer, file an application for a temporary injunction under Order 39 Rules 1 and 2 of the Civil Procedure Code, along with a plea for police protection. Clearly mention the threats, provide CCTV footage, and highlight police inaction. The High Court can issue orders to ensure your possession is not disturbed and direct the police to provide protection.
If the local police remain unresponsive, you should submit a written complaint to the Superintendent of Police (SP) or Police Commissioner, enclosing all evidence including the court decree and video footage. Copies should also be sent to the Director General of Police (DGP), the State Human Rights Commission, and the State Legal Services Authority. If there is still no action, your lawyer may file a writ petition under Article 226 of the Constitution, requesting the High Court to direct the police to register an FIR and ensure your protection. In extreme cases, if violence or intimidation continues, you can also lodge a complaint with the National Human Rights Commission (NHRC) online and, if necessary, bring the matter to the attention of a credible media outlet or legal aid NGO. With strong legal action and documented evidence, the court can intervene decisively, even against politically powerful individuals.
Dear Client,
Request the High Court to grant a Temporary Injunction (Stay / Restraining Order). When a temporary injunction is issued under Order 39 Rule 1 of the Code of Civil Procedure, the other party is prevented from taking away your possession until the end of the appeal. When the injunction is broken, you may file a contempt petition under the Contempt of Courts Act, 1971 at the High Court. The High Court is able to summon those who do not obey its directions such as police and penalize them for it.
You have the option to file an application at the Magistrate’s or Sessions Court by appealing to both Section 151 CrPC and Section 156(3) CrPC. Bring the court judgments and your complaints to the police to inform them. Kindly ask the Magistrate to direct the police to make an FIR and investigate the issue of threats and violence.
If the authorities are still unwilling, you have the option of filing a writ petition following Article 226 at the High Court to acheive your result. Police have been advised to look after your life and property. Make certain the district court’s decision and the High Court’s injunction are carried out.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
- Since, the appeal is pending before the High Court, then you can move an application for Injunction in the same Court after narrating the said incidence.
- Further, if the police is not taking any action against them, then you can file a complaint before the judicial magistrate
Dear sir/madam,
You can discuss with your advocate to file court case/complaint case as well as the case for direction to police for filing cases against the opposite party including that politician.
You can seek courts interference if police is not cooperating after court order. It will be contempt of court
