• Non registration of FIR by police

On 16.06.2016, my daughter had filed a complaint @ Kurar Police Station, Malad East, Mumbai, against her husband and in laws for Cheating, Harassment for dowry, Mental & Emotional Cruelty. Copy of the complaint was sent via email & Speed Post to the DCP (Zone XII), DCP (CAW) & CP, Mumbai.

2. Complaint was acknowledged and the Investigation Officer called her on 27.06.2016 for understanding the issue which was noted in vernacular by him and we were assured of quick action.

3. However, despite many rounds of Police Station by me , even FIR has not been registered and no investigation has been done so far by the Police.

4. I O had called all the accused over phone for recording their statements, but they did not turn up. Their lawyer approached for copy of FIR, but on information from the police that FIR has not been lodged so far, all have kept quiet.

5. Sir, can police issue summon / arrest / investigate without lodging FIR ? What should I do now ?
Asked 6 months ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu
Since the FIR has not been registered by police thus far you can move the court of metropolitan magistrate through a criminal complaint to seek directions to police to register the FIR.
Ashish Davessar
Advocate, Jaipur
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1) lodge complaint with commissioner of police that local police station is refusing to register FIR 

2) file RTI with local police station as to what action has been taken on your complaint 

3) yiu can also lodge pvt complaint with magistrate to direct police to investigate and submit report 
Ajay Sethi
Advocate, Mumbai
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If the police are reluctant to take any action in this regard, and the accused are roaming freely, your daughter may escalate the matter by writing another complaint to the city commissioner of police stating that the local police is not taking any action on the complaint lodged one month ago hence his personal intervention is sought for directing the police to initiate proper investigation and book the culprits by registering FIR.

If there is no proper response from the commissioner office side also then you my approach the judicial magistrate court with an application under section 156(3) of cr.p.c. seeking its direction to the local police to investigate and register FIR against the accused. 
T Kalaiselvan
Advocate, Vellore
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Should I wait for the police to act or approach another civil/ judicial authority ?

The waiting cannot be indefinite, hence you may plan to contemplate legal action through judicial magistrate court for relief and remedy.
T Kalaiselvan
Advocate, Vellore
15366 Answers
141 Consultations
5.0 on 5.0

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