Legal Question in Criminal Law in India

Police being ineffective on a F.I.R

Iam a family woman, living alone with my daughter. My husband is separated but my brother in law came to my house last week and used really abusive words and intimidated me with murder threats. I immediately filed a F.I.R at nearby police station under sections 294(b) and 506(2). Getting to know about this FIR, my brother in law has approached a senior police officer and this senior police officer has called the local police station inspector and has coerced him not to take any action. The local inspector is not taking action, stating that there is a lot of pressure from this higher officer. Now what is the legal way to make this inspector to take action against my brother in law? Can I approach the court and file a private complaint and request the court to issue an order to the inspector to take action on this F.I.R ? [The inspector is slightly afraid about this higher officer and does not want to reveal about the pressure from this higher officer]. So what is the right way to take action further so that the inspector is not under trouble from higher officer and also at the same time, action is taken against my brother in law?


Asked on 8/30/07, 3:04 pm

5 Answers from Attorneys
Vivek Mapara Mapara Law Firm

Re: Police being ineffective on a F.I.R

Since FIR is lodged, police is bound to carry investigation, and if police is being ineffective to the FIR, then in in that case what you can do is to file writ petition in high court, for transfer of investigation to some other police person, or other investigation agency, and you can also request high court to observe the proceedings. This would work for you.

You can also approach the superior officer of police representing your grevience. (i mean superior to the other influencial police officer)

Feel free to contact for any other help

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Answered on 8/30/07, 4:01 pm

Re: Police being ineffective on a F.I.R

Approach the High court by way of Writ.

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Answered on 8/30/07, 10:18 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Police being ineffective on a F.I.R

Did you mean to say that police officer approached by your brother-in-law was the highest police officer? If not so, you may consider approaching his superiors. If so, you may consider approaching court.

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Answered on 8/31/07, 12:56 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Police being ineffective on a F.I.R

file a writ petition in the high court

in case if you need help contact me

all the best

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Answered on 8/31/07, 12:57 am
G. M. Gupta gmguptaandassociates

Re: Police being ineffective on a F.I.R

send the details to commissioner of police and the chief minister

if no action taken then move to court

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Answered on 9/01/07, 10:33 am


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