FIR and investigation under Section 292A of IPC

[Gobi Selvanathan]

My father is a RTI activist, he filled RTI about my village panchayt and attended Panchayt Shaba meeting held on Oct2nd. During which a local person threatened him and tried to attack him that he should not file RTI. People around saved my father. Next day he came to my home(when my father was not there) and threatend my sister, mother and feamle kids(using very vulgar language) and mentioned that he would make us to leave the village. We locked the door. After a day, he prepared posters with vulgar words about my sister and pasted all over our village(on Oct5th). Also we got threat calls from some unknown numbers. We went to police station and lodeged a complaint on 6th. After two days only police accepted my complaint. The unknown numbers are belong to his aides only. After 9 days police filed FIR with 292 A section and no proper investiagation took place till then. Nobody came to the spot and seen the posters. Nobody enquired wit my family women. I have lodged a complaint to DSP, SP(2 times). Till now, no action. Police got bribe and purposefully let his off. What is the viable legal options infornt of me now to make police conduct proper investigation. And also for the delay in filling FIR?

[Dr. Ashok Dhamija]

Your case appears to be from Tamil Nadu, since Section 292-A IPC appears to be applicable only in Tamil Nadu through a state amendment.

Since in your case, the FIR is already filed and investigation is going on, you should cooperate with the investigation and provide whatever evidence is available to the police. You may also keep record of the evidence (such as, posters displayed in village), in case needed in future; you may take photographs of such posters. If you feel that the investigation is not being conducted properly, intervention of the senior officers may be helpful and for this purpose, you can try to convince the senior officers.

After the completion of investigation, if the police closes the case and does not charge sheet the accused (or if the police files a charge sheet, but does not apply proper sections), you’ll get a chance to file your protest petition before the Magistrate court. At that time, you may show the relevant evidence and convince the Magistrate court to take cognizance of the case under proper sections, despite a police report to the contrary. If needed, at that time, you can pursue the case as a private complaint case, in which scenario, you have to prove the case yourself (or by your private lawyer) by providing sufficient evidence.

You also have the option of approaching the high court for directing the police for proper investigation, but the chances of the high court intervening are generally very less.

     

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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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