1. You can file a criminal case against them but in such case there will be no arrest like 498A complaint/FIR,
2. You can also file a writ petition before local High Court against the police for its inaction and pray for relief.
Section 498A dowry act
We filled complaint against father in law/ step mother in law/ step sister in law of my daughter to the police department under dowry act.They were summoned twice but they did not turn up.Written statement were filled by us and even also byson in law against the all three But our case was dropped and no FIR lodged.What alternative is available to me' Can I move the application in court? What procedure court will adopt. Can I move application to police department to reconsider our compliant RK Dhingra
Asked 8 years ago in Criminal Law
Religion: Hindu
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5 Answers
if police is refusing to lodge FIR then file complaint under section 156(3) to direct cops to investigate and submit report
1. You are silent as regards the nature of your complaint.
2.If there was commission of an offence and the police is not acting on your complaint you can do two things-
A. File an application in court u/s 156(3) crpc so the court directs the police to start investigation.
B. File writ petition in high court agaisnt police inaction.
C. You can complain with higher officials of the police as well.
The alternate is to move the court of judicial magistrate for registration of FIR. The court will issue the necessary directions to the police after it is satisfied that a prima facie case is made out.
If the police are ineffective and have not taken any action on the complaint filed before them, you may either approach the District superintendent of police with another application seeking his intervention and direction to the lower police under his to investigate and initiate proper action including registering a FIR and making arrests if necessary, the second alternative is to approach the jurisdictional magistrate court with a petition under section 156(3) cr,p,c, seeking its direction to police to initiate proper action as per law with regard to the complaint.
