A has to approach high court registrar to bring the pending case to the earliest listing through his lawyer.
This involves various factors hence you may be in regular touch with your advocate on all such further issues
Police Filed FIR for Non-cognizance offence without Authorized complainant , Not Taking any action
The police have registered an FIR under sections IPC 420 and 177 against A and his family, as well as against B and C and their respective families. The complaint alleges that A married C without obtaining a divorce from B. It's important to note that the complainant in this case is D, not B or C. Previously, D's complaint had been cancelled by the police in 2020, but it was reinstated in 2021, possibly due to political influences. A has attempted to seek reinvestigation by approaching higher police authorities, arguing that this is a non-cognizable offence. However, despite a significant period of over 1.5 years passing, the police have not taken any action, including the filing of chargesheets. A has filed a Quashing petition in the High Court three years ago, but it has not been heard due to the police's failure to file a reply, which was influenced by political factors In this situation, A is facing a challenge in moving the investigation forward or compelling the police to take action. How could A seek a time-bound investigation by approaching a court or requesting the court to intervene and compel the police to take action?
Asked 1 year ago in Criminal Law
Religion: Hindu
7 Answers
In the above case the section is wrongly imposed and the same is good case for quashing the FIR
in HC request for early date of hearing as no prima facie case is made out against you and family members
that early complaint was closed by police
Hello,
- For the reason that the Investigating agency failed to file its report, the Quash petition cannot be endlessly delayed or adjourned. It must be brought to the attention of the Court that the avoidance is deliberate on part of b the Agency and urge the Court to hear the matter and pass orders.
- In the same petition where the quashing of FIR is in progress, it must be urged to the High Court to give direction to the IO to submit the reply in a time bound manner before the next hearing or face ex- parte hearing/order.
- A can move an urgent hearing application before the High Court for getting the same
- Further, in the meanwhile , he can also move an application before the concerned Magistrate court for getting the status and to call a report and to direct the I.O. of the case to file charge sheet .
File application n court to present progress report in court. This way pressure will create to complete investigation.
Dear client,
In India, if a person is facing challenges with police inaction or delay in investigating a case, they can approach the judiciary for relief. A can file a Writ of Mandamus in the High Court, seeking a direction from the court to compel the police to perform their duty and conduct a proper investigation within a specified time frame. Mandamus is a legal remedy used to enforce the performance of a public duty by a public authority—in this case, the duty of the police to investigate.
A can file a Criminal Miscellaneous Petition before the High Court under Section 482 of the Code of Criminal Procedure (CrPC). This petition can request the court to quash the FIR or direct the police to conduct a thorough and time-bound investigation.
A can request the court to issue directions to the police, directing them to file a status report or chargesheet within a stipulated period. The court can monitor the progress of the investigation and ensure timely action.
A can also seek interim relief, such as directions to the police to refrain from taking coercive action against A until the investigation is completed or specific orders from the court regarding the handling of the case.
In each of these approaches, it's essential to present compelling arguments supported by legal precedents and evidence to demonstrate the urgency and necessity for the court's intervention. The court's decision will depend on the merits of the case and the prevailing legal principles. You can reach out to us for further assistance
