If the police is not taking action as per law, move an application in the same Magistrate's court for directions to the Police for conducting/completing investigation and filing the chargesheet and also arresting the accused persons.
Matter related to 420,120B under clause 156(3)
Upon a fraud transaction related to illegal selling of undivided property(Land), I had approached a lawyer who had made a petition to the court & lodged a case u/s 420, 120B against the opp parties with 156(3) clause. It has been around 3 months now that the matter is still not disclosed among the opp parties. What should be the next step for following up the case? The police is too negligent in taking the case forward. What should I do? Please help! How soon can I get relief to the same?
Asked 11 years ago in Criminal Law
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4 Answers
Has the court ordered a trial of the accused persons? If yes, then have they appeared in the court? You should ask your lawyer as to the current status of the case and what is the next date of hearing fixed for. If the police is not doing its duty as per the law then you can make a request to the magistrate to pass an order directing the police to take the necessary action.
by your question it seems police is not taking any steps against accused persons. for this u have to move to same court and move an applictaion asking progress report of the case from concerned police station
Hello,
Once you had filed a complaint with the magistrate, the complaint must have been sent for registration of an FIR at the concerned police station. So this is what you should do:-
1. Approach the concerned IO of your case and ask him about the progress.
2. If the IO is not proceeding further, approach the SP of the area and give a written representation regarding your case. Then wait for a couple of days for things to move.
3. Thirdly, ask your lawyer to file an application under section 210 CrPC, 156(3) CrPC before the magistrate asking for a pregress report and seeking fair and speedy investigation.
4. If the above three steps truns out to be futile then, approach the High Court by filing a petition under section 482 CrPC seeking direction for fair, speedy or change in investigation.
Regards,
Nishant
