Legal Question in Criminal Law in India
I submitted a detailed complaint (alongwith all necessary documentary evidences) making out clearly about the fraud committed by my partner by submitting a falso affidavit before the Revenue Authorities , stating therein that he doesn't know my correct residential address. Acted on this affidavit, Revenue authorities issued order to extinguish my rights in the immovable property. I moved to Revenue Authority under Sec 340 of Cr PC, and it has ordered necessary action u/sec181 and 196 of IPC.
On receipt of my Complaint DIG , Police , immediately ordered DSP for investigation nd report . DSP after investigation and recording my statement submitted his report to DIG , making out clearly that Fraud has happened against Complainant.
Despite, clear findings of DSP about commission of cognisable offence with me by my partner, the DIG is not directing registration of FIR against my Partner. Please guide me what kind of legal option/s , I should explored , so that Police authorities can be directed to register case against my partner.
3 Answers from Attorneys
You may file a criminal complaint against the accused in the local courts and explain the steps taken by police thus far. The court may seek report from the police and direct further action.
In a case initiated by invoking 340 Cr.P.C., question of FIR does not arise. In such cases, concerned Judicial/Public Officer makes a complaint to the Magistrate within whose jurisdiction offence was committed.
unless the false affidavit is perused, logical opinion cannot be given. it may be so that the perjury is not made out or the fraud alleged is not committed before the judicial officer. you need to state all the facts.
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