Dear client, I am sorry to hear that but in this case you can file a case against taht person.
Vandalism related query
My sisters vehicle was involved in an accident. A bike hit her from the back. At the police station ground to process the required paperwork for insurance claim, someone related to the bike rider allegedly vandalized my sisters car. (scratched the whole right hand side with an object). The police are being un-cooperative to retrieve CCTV footage or to allow us to file a complaint. What is the way forward to get this case resolved?
Asked 2 years ago in Criminal Law
Religion: Christian
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7 Answers
She can file a complaint in the Court of Magistrate for causing damage to property which is an offence of mischief under Section 426 for which punishment is imprisonment up to three months. Offence is non-cognizable therefore police will not take complaint. You need to file complaint in Court of Magistrate who will issue direction to police to register FIR. You can also seek direction to police from Court to produce CCTV footage of incident. You can also file civil suit seeking damages. Also claim insurance for repairs. Insurer will also help you the recover damages from the accused.
You can ask your sister to take up the matter to the higher police officer for initiating proper action as per law on the basis of the complaint and the incident reported or captured in the C TV Camera.
Failing which she can approach judicial magistrate court with a petition under section 156(3) cr,p.c. seeking direction to the concerned police for taking proper action as per law.
If local police are refusing to take complaint you should complain to commissioner of police against local police officers
2) you can also file private complaint before magistrate to direct police to investigate and submit report
There are provisions in some States in India to lodge a complaint online. Please check. Alternatively, the Traffic Police Commissioner may be met and handed the complaint in person.
- Your sister can file a compliant before the higher police official after mentioning the details of the incidence.
- Further if no positive response, then she can file a complaint before the Magistrate in the Court
You dnt require police assistance for insurance. For filing criminal complaint you can seek police assistance or court interference
