FIR u/s482

[ANIL SINGHAL]

I had filed police complaint with sho and copy to higher officials .
Complaint is about forgery and fraud and criminal breach of trust . I furnished handwriting expert report as prima facie evidence in support of my complaint .on total police inaction I moved sec 156(3)and MM called for ATR from police in two months time . More than one month has passed . I had unofficial communication with inquiry officer and I suspect he may file ATR with some flimsy reason and may file application that he is unable to attend in person on account of some other urgent official work .
What shall be option before me ..ask a copy of ATR from court and contest his reply on next date ? Or is there any option for me to approach high court sec 482 that prelim enquiry not completed in 6 weeks so fir to be registered .. I read that sec 482 is applicable in rarest of rare cases .. and this case may not qualify in that ..
Kindly advise ..

[Dr. Ashok Dhamija]

Get a copy of the report submitted by police and counter that. If the Magistrate is convinced, he may order FIR and investigation. Otherwise, you may request the Magistrate to consider your complaint as a private compalint and pursue the same as a private complaint.

Approach the higher courts only after you do not get justice from the Magistrate. If the Magistrate does not pass a favourable order, then you can challenge his order. Before that, it may not be advisable to approach the higher courts since it may be premature.

 

     

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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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