File complaint with commissioner of police against local police inspector refusal to lodge FIR
2) you can also file private complaint before magistrate under section 156(3) of crpc to direct police to investigate and submit report
Unauthorised large sum of money removed from deceased husbands bank account
Unauthorised large sum of money[approx 1.7 crore] removed from deceased husbands bank account by way of access to his phone and internet password 16 months after death by a relative of husband. The wife only came to know of this, 2 years after death of husband. consequently, police complaint made in Mumbai. But no FIR registered, therefore the additional CP was complained to. But even after that 2 months have passed, and no FIR still registered. what is the legal remedy for this? how can the investigation be speeded up and police forced to do its work and file chargesheet in court?
Asked 1 year ago in Criminal Law
Religion: Hindu
6 Answers
Your remedy is to approach High Court of Bombay and seek direction to Commissioner of Police to register and complete investigation in timebound manner.
If the police is reluctant to register FIR, you may approach the judicial magistrate court with a petition under section 156(3) cr.p.c. seeking direction to concerned police to register FIR, failing which the court will take appropriate action as per law.
- Since, no action was taken by the police officials , then you can file a compliant before the metropolitan magistrate under section 200 read with section 156(3) of CRPC for investigation and to arrest the culprits .
- The magistrate will call investigation report within a short period of time.
Dear client,
The legal remedy for this situation is to file a criminal complaint in the court under Section 403 and 406 of the Indian Penal Code (IPC) against the relative who has unauthorisedly removed the money from your husband's bank account.
Section 403 of IPC deals with the offence of dishonest misappropriation of property, and Section 406 deals with the offence of criminal breach of trust. These sections provide for imprisonment for a term of up to seven years along with a fine.
To expedite the investigation, you may file a writ petition in the High Court under Article 226 of the Constitution of India, seeking a direction to the police to complete the investigation and file an FIR. Alternatively, you can approach the court under Section 156(3) of the Code of Criminal Procedure (CrPC), which empowers the Magistrate to order the police to register an FIR and investigate the matter.
It is advisable to hire a competent lawyer who specializes in criminal law to assist you in this matter. The lawyer can help you in drafting the complaint and petition, as well as represent you in the court proceedings. The lawyer can also assist you in obtaining an interim order from the court for the preservation of evidence and assets, and for the protection of your interests.
You can file for Fd or cheating and forgery as well as. Sections of IT Act against the offenders
