Amarnath Subramanyam
in Criminal Law
Asked October 21, 2017

No investigation conducted for theft

  • 1 Answer
  • 457 Views

Police has not inquired about theft at my residence valuable items such as gold, silver, so many Suit cases with packed full and also my Mysore House property documents including my house UPS with battery. I went to Jayanagar Police Station several times with my friends. Because I am alone in Tumkur. All my close relatives are in Banagalore. This theft made by my Brother-in-Law (Demised wife's Bother) and my demised wife Sister-in-law including Mangalsuthra from demised wife before cremation at Mysore.

Answer 1

Have the police registered your FIR? If no then, you should first write this entire incidence in a letter and address the letter to a senior police officer (superintendent of police in the case of districts and a deputy commissioner in the case of cities) under Section 154(3) of the CrPC. In many cases the Senior Police Officer himself will take the cognizance of the matter and will personally order the investigation of the incident to the local police station.

If that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an application under Section 156 (3) Cr.P.C. before the learned Magistrate concerned. If such an application under Section 156 (3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made.

In fact, according to a Supreme Court judgment, Sakiri Vasu vs state of UP, the victim can make an application before the magistrate to call for a report from the investigating officer. In this particular case the apex court ruled that under the provision of Section 156(3), a magistrate can monitor the entire process of investigation.

Finally if you are not satisfied with the relief provided by the magistrate in your case, then you can move to Hon'ble High Court under section 482 Cr.P.C. or file a writ petition for police Inaction in your case. However this practice is generally discouraged by the courts as people directly move to the Higher Judiciary without exploiting the previous recourses available to them.

Appeal (crl.)  1685 of 2007 of Supreme Court

 

Agree Comment 0 Agrees about 4 years ago

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