Criminal complaint under Section 167 of IPC.

[Sugan Chandra Gupta]

I work in a central PSU and the company issued promotion order from DGM to GM on1st July2017.I sought DPC minutes on 11th July 2017 under RTI and on 11th August 2017 appeal was submitted to appeal late authority on non receipt of the information.The appeal late authority directed furnishing of the information within 10 days on 4th September 2017.Eventhen it was not furnished and appeal to CIC is submitted in Oct 2017.Meanwhile it came to my knowledge from horses own mouth that DPC minutes are not signed but promotion orders are released.On knowing this I filed a written complaint on 22-11-2017 in police station under section 167 of IPC.The police official without giving me the FIR no gave me receipt of having received the but advising to approach CBI on the receipt itself eventhough I maintained thatCBI does not have jurisdiction.Since no action was forthcoming I met Commissioner of Police on15-12-2017 and also gave a written complaint of inaction.The commissioner advised me to meet DCP and I met both DCP and ACP on 22-12-2017.Inspite of the FIR no was not given and lodged a Email complaint to DGP on 05-01-2018.It appears in between the police called the officias complained against summons under CrPC 43A.The company in a letter from 5-1-2018 but posted on 9-1-2018 sent me the DPC minutes with ref to RTI application ft 11-07-2017.CIC hearing is yet to take place.Obviousely the minutes are signed now and handed over to me which does not mean that crime did not take place on 1st July 2017 and further fabricating of documents took place with the collusion/deliberate inaction in facilitating of the documents.What action now I can take in bringing the culprits to book for the original crime as well the subsequent fabrication.I am one of the victims of the crime.

[Dr. Ashok Dhamija]

If you are sure about the offence actually having taken place (we cannot go into detailed facts of a case on this forum), and if the police is not registering the FIR, then your remedy is to approach the Magistrate under Section 156(3) of the Criminal Procedure Code seeking direction to police to investigate the case. Alternatively, you can file a private complaint case in the Magistrate court along with relevant evidence.

     

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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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