Advice is : "Don't fight with anybody". But if you have to fight, just go to a Magistrate and give your complaint. He will send your Complaint to Police Inspector and will ask him to give report. It is that simple. No court fee is required to be paid.
Pursuant to my earlier article, When and How Also You Can file Writ /PIL /Petition in High Court, a blog reader pointed out a problem about a neighbour who was now and then disrupting water supply of whole colony. He made several complaints to municipal authorities and also in police station, but no actions were being taken. The neighbour was rich and influential.
In law there is provision (Sec.200 Cr.PC) under which You can go directly to a Magistrate in nearby court and you can give your complaint directly to Magistrate. He will record your statement and then he will ask concerned Police Inspector or to ANY SUPERIOR POLICE officer to investigate and report back before a given date.
Before given date, the Police Inspector will have to give report saying one of the three things :
a) Complaint is genuine and case should proceed against Neighbour or anyone who may be troubling you.
b) Or, he can say that dispute is such that there is nothing which police or criminal court can do. It looks like civil dispute, or,
c) The complainant is a liar. A case should be filed against you for making a false complaint to Magistrate and for wasting judicial time.
Your lawyer will be the good person to give you advice in detail and about what to do and how to go about it.
If police takes bribe and gives a false report, it doesn't matter. You can point out to Magistrate how report is incorrect. You can ask for investigation by any higher person. Magistrate can give further directions. No Court Fee.
Haresh Raichura
2nd May,2012
Pursuant to my earlier article, When and How Also You Can file Writ /PIL /Petition in High Court, a blog reader pointed out a problem about a neighbour who was now and then disrupting water supply of whole colony. He made several complaints to municipal authorities and also in police station, but no actions were being taken. The neighbour was rich and influential.
In law there is provision (Sec.200 Cr.PC) under which You can go directly to a Magistrate in nearby court and you can give your complaint directly to Magistrate. He will record your statement and then he will ask concerned Police Inspector or to ANY SUPERIOR POLICE officer to investigate and report back before a given date.
Before given date, the Police Inspector will have to give report saying one of the three things :
a) Complaint is genuine and case should proceed against Neighbour or anyone who may be troubling you.
b) Or, he can say that dispute is such that there is nothing which police or criminal court can do. It looks like civil dispute, or,
c) The complainant is a liar. A case should be filed against you for making a false complaint to Magistrate and for wasting judicial time.
Your lawyer will be the good person to give you advice in detail and about what to do and how to go about it.
If police takes bribe and gives a false report, it doesn't matter. You can point out to Magistrate how report is incorrect. You can ask for investigation by any higher person. Magistrate can give further directions. No Court Fee.
Haresh Raichura
2nd May,2012
PS. Follow prescribed procedures for filing complaint.
