Legal Question in Civil Litigation in India

My mobile phone, cash, driving license, credit card and few other valuables were stolen. I went to the police station and gave a written complaint with all the details. Police gave me enough trouble by asking for various supporting documents like mobile bill, re-write the complaint etc. They also started questioning my qualification and profile mentioning that the complaint did not have margin, my age, father's name etc. I had to make 4 visits before they accepted my complaint and gave me a sealed and signed copy as acknowledgement the next day.

1) As I have given a written complaint and received the acknowledgement, is this same as FIR?

2) If it is not same as FIR, is it better to insist for an FIR or it does not matter? Also, is it mandatory for police to register FIR based on my complaint and act on it or should I insist for this?

3) How do I ensure they are acting on this? Would it make sense to file an RTI after couple of weeks asking for the action taken based on my complaint?

4) For the misbehavior of police, is there any place where I can report it?


Asked on 9/04/13, 1:09 am

3 Answers from Attorneys
Muhammed Rafeeque VLegal

Answers to your questions:

1. It is not FIR.

2. you should insist, if you want an investigation to be done; it is mandatory

3.before RTI, you can visit a couple of time and ask SHO directly about the progress;

4. You can complain to highest police authority of the state.

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Answered on 9/04/13, 4:02 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

you may go for a complaint to the magistrate and file an application u/s 157(3) of crpc.

Thanks and Regards

Adv. Rajiv

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Answered on 9/04/13, 8:54 am
Fca Prashant Chavan Expert Edge LLP

04.09.2013

Dear Sir,

Here are my answers to your query :

1. An acknowledgement by the Police to your written complaint is an FIR.

2. Refer answer in Point (1) above.

3. By constantly following up with the Police on the action taken by them. You may file an RTI application for your name to remain on the permanent record of the Police.

4. You may meet the Director General of Police in your locality and report your grievances to him / her.

Regards,

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Answered on 9/04/13, 10:31 am


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