Legal Question in Criminal Law in India

Delay in investigation

We filed a complaint case against a major Promoter and the Manager of a Nationalized Bank u/s.420/427/120(B) before a Chief Judicial Magistrate who after hearing the same, directed the Police u/s 156(3) of Cr.P.C to investigate the case. The Police recorded an FIR on 05/04/2008 but is not investigating the matter seriously. What can be done under the given circumstances. The complaint lodged by us which is being treated as an FIR may be viewed by using the tag '' Union Bank Cheating'' using the Google search engine.


Asked on 10/04/08, 12:22 pm

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Delay in investigation

You can ask the court for appropriate directions

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Answered on 10/05/08, 12:06 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Delay in investigation

You are at liberty to approach the court again for appropriate directions about investigations;

or else, you may choose to convert it into a private complaint and leade preliminary evidence for summonging the accused persons.

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Answered on 10/04/08, 1:03 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Delay in investigation

as this is a complaint case and the f.i.r was lodged u/s 156(3), u need to state whether the police is not apprehending the accused or not filing post arrest challan...in either case, u may move the court concerned requesting the magistrate to look into the matter.

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Answered on 10/06/08, 1:42 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Delay in investigation

In view of an order U/s.156(3) Cr.P.C., your earlier complaint is being investigated by the Police.

If you have prima facie evidence to sustain your charges, then you may consider filing a the complaint as regular private complaint without seeking an order U/s.156(3). The court would call for Report U/s.210 Cr.P.C. and proceed with the trial.

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Answered on 10/05/08, 2:24 am


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