Legal Question in Criminal Law in India

I had filed a CRI writ petition against the Accused in the year 2010. The division bench told me in his order that " stand over to 9 december , in the mean time the petitioner is free to record his complain , if any " . so i went to the concerned police station to record my complain and the police officer concerned told me that he can only take an N C . which i refused, so i issued a letter to the senior police inspector of that police station and told that he should tell the officer concerned to take my F I R . He than told me to Approach the concerned officer for the same . when i went to the officer for an F I R he refused and told me that he can only take my statement. So after that on 9 december my petition was disposed. And after that I approached the new division bench he told me to file a contempt pettition against the officer. si sir can you tell me under which section i should file a CP under the contempt of court Act 1971 is it ok under section 10 somebody told me so.


Asked on 4/10/11, 11:52 am

1 Answer from Attorneys
Sunil Goel S.G. SOLICITORS

It is important to know as to with what directions the Division Bench disposed off the petition. Was there a direction to the police to register the FIR? If yes, then the police is bound to register the FIR and if the police does not doe so, then you may file contempt petition under the Contempt of Court Act read with Section 482 CrPC.

It is also to be seen that on 9 Dec, was the fact about your approaching various police officials

brought to the notice of the Court.

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Answered on 4/10/11, 11:57 pm


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