Legal Question in Criminal Law in India

�First information report� as for as a police station is concerned is one made by the station inspector from a party on an offence being committed by another party against the first party interest.

In my case CM Cell Tamilnadu sent a complaint I lodged to the department of administrative reforms and public grievances New Delhi that was forwarded to it, to the commissioner of police Chennai for investigation. On receipt of my complaint (not directly) the IO of police station of jurisdiction took my version of the case especially based on offence committed under section 418 IPC and that of the party on whom I made the complaint. On a query whether the IO made a FIR , he said he is acting on the course told by his consulting authority and I will know the details soon. A month passed and since I got no info I made a petition under RTI to the PIO of police. Then after a month a message came. The IO had come to a conclusion that since a civil case is pending on the subject matter he is directing me to settle the dispute in civil court. The massage surprised me as I did not hide in my statement made to him that there is a civil case pending The message contained no copies of signed statement recorded from the other party. But there is clear indication no FIR was made. Hence I made an appeal to RTI reply asking the IO to mention how he conducted an investigation with out FIR and on what law he decided that pendency of a civil case bars one from lodging a criminal case. I have given the Apex court that says criminal proceedings can not be thwarted on the pendency of civil case. Also I had made an appeal to the Asst. Commissioner the appellate authority to start the case again with a FRI. Enquiries made to the office of AC of police indicate he had asked the IO to send a report on the way he conducted the investigation. I did get the letter reference to this effect. I am awaiting the results on appeal on RTI reply.

While nothing prevents me from lodging a direct case to the magistrate I am waiting for the prudence to decent on the IO and he conducts the enquiry on a FIR and taking pendency of civil case as a factor to stop criminal proceedings ,so the case becomes a state one. My case is that civil case is to get compensation for deficiency in competition of a project and the criminal case is that I was lured to the project for which he had no approval from local authorities and also breaches of contract.

Is my wait worth taking the Indian condition way things are happening or I can go in for a direct complaint?

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