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.
4 Answers from Attorneys
Re: Delay in investigation
You can ask the court for appropriate directions
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.
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.
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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