Private complaint against builder under mofa and ipc

[Sachin Mane]

Hi sir i m dadasaheb ramchandra mane chairman of mohan nagar coop hsg society limited. Our society had submitted a written complaint to charkop police station against vandana builders for offences under section 13 of mofa act for not giving conveyance since last 27 years and under various provisions of ipc for submitting additional building plans plans without our society consent in bmc. After a delay of 5 months and to help the builders police gave us a report that there preliminary inquiry they came to the conclusion that this is a civil case.. In the meantime one of our member aggreived with the delay in registering of fir filed a writ petition in high court. The high court dismissed the petition saying that more effacious remedy is to file a private complaint before the magistrate and learned magistrate should decide the case on its merits…. So please guide us if society through its managing should file complaint under section 156 or 190 or should we go for summons procedure under 200.We strongly believe that police have been managed by the builder and so please advise us on the best strategy… Also give your expert advice if the police enquiry report will influence the magistrate or he will himself go on merits of the case

[Dr. Ashok Dhamija]

Please see my article: http://tilakmarg.com/answers/difference-between-a-criminal-complaint-filed-under-section-200-and-190-of-cr-p-c/

If you have sufficient evidence to prove the case on your own as a private complaint case, then you may try Section 190 / 200 Cr.P.C. private complaint route.

However, if you feel that you need police investigation for collecting relevant evidence and that you’ll not be able to prove the case yourself without such additional evidence, in that case, you may try an application under Section 156(3) Cr.P.C. requesting the Magistrate court to direct police to investigate the case.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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