No Help from Local Police pertaining to FIR
I am from a small town which is about 100 kms from Hyderabad. We have registered a case in local police station in May 2015 and case was registered under section 420.
Facts of case:
1. My father blindly trusted one of his friends ("Accused") in real estate business and invested close to Rs 1 crore for purchase of lands near by our town.
2. Business transaction started in the year 2010 and for five years, my father gave accused money in tranches without enquiring the end use of money and also not gathered any proofs related to purchase of land.
3. In the process, father also gave accused 2 signed cheques (each of value Rs 25 lakhs)
4. Finally in the year 2015, my father realized that he was completely cheated.
5. After consulting a senior IPS officer who is currently serving in Telangana government, we registered a case in local police station.
6. The only proofs we have is phone recordings, fake documents of one piece of land (current market value is Rs 1 crore) and few video recordings.
7. Police filed 420 case against accused and till date there is no substantial progress in case.
8. Made representation to many politicians and met SP (5-6 times) to speed up investigation.
9. SHO is just neglecting our case and always cook up some stories whenever we enquire about progress of case.
Brief profile of accused:
He is a big fraudster in our town and many people are victims of his tricks. Earlier he was a party worker in Congress. When we lodged complaint in PS, he had quit Congress and joined TRS as party worker. His owns few acres of agricultural land and owns a Brick making plant near by our town.
Below are two major happenings which further complicated issue:
1. Accused filed a case in Telangana High Court stating registered FIR against him is baseless without any proofs and hence requested court to strike off the case. In response, Court gave orders to police not to arrest him but investigation can be continued. However, we have filed a return response to the notice in High Court to vacate stay petition and case is still pending.
2. Accused has filed another case in local court on cheque bounce related to cheques that were given by my dad earlier in normal course of business. He created a false story stating my father owe him Rs 50 lakhs.
We are not much worried about two court cases. Also senior IPS officer on whose suggestion we approached local police is not helpful now. In the mean time, I explored below two options which I felt are not effective on consulting my friends. Hence, I didn't think of implementing them.
a) Lodging private complaint in High Court about irresponsible behaviour of local police
b) Approaching Lokayukta
Our case is a very good example of irresponsible nature of police in our state and local police favoring accused in return of material gains.
Request you to guide me on steps to be taken so that police take up case seriously and accused is thrown behind bars. I sincerely hope that accused should learn a lesson, pay for his criminal deeds and do not dare to cheat any person in future.
Asked in Criminal Law from Hyderabad, Telangana
The options you are contemplating is if no use and I am not sure why you are considering for same.
Since Police appears to be inactive for reasons extraneous to it, you may consider filing a writ petition in high court against police inaction so the court may seek report on progress of the case.
In the same writ petition you can apply for transfer of the case to CID as well.
The local land mafia seems to be involved and hence I see much merit in your writ petition.
All the best.
1) police are over burdened with cases
2) as a result investigations takes time to be completed
3) if there is no progress in investigations you can move HC to direct police to complete investigations within stipulated period
1. The remedy for you is to file a private criminal complaint case before magistrate under 200 CrPC. A petition in the HC against cops will not produce any result at this stage. The court can summon the accused and try it without bringing police into picture.
2. Lokayukta also has no jurisdiction in a dispute of this nature.
Whether concerned local police or investigation officer had filed charge sheet before concerned Magistrate, if yes you have approach said Magistrate for taking up the matter and early disposal. If the local police have not filed Charges sheet you can approach the Honourable High Court seeking direction for immediate filing charges sheet and concluding the matter within stipulated time. Private complaint before Honourable High Court is not maintainable. You file a Writ Petition against concerned police higher official and as well as local police station SHO.
If the local police is lethargic or reluctant to initiate or progress the case any further, then you may aproach the District superintendent of police with a written complaint seeking his intervention and direction to the local police to expedite the investigation and move further in the case.
Even if that is not effective or fails to fetch you the desired fruit, you may file a petition before jurisdictional judicial magistrate court seeking its direction to the concerned police to investigate into the complaint matter and book the criminals as per law expeditiously, this petition may be filed under section 156(3) cr.p.c.