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Rahul Kumar (Business Analyst)     05 September 2013

Can f,i,r case be converted to warrant case?

Hi,

I had lodged an F.I.R against my in-laws u/s 315 and 506 I.P.C. on the orders of magistrate u/s 156(3) Cr.P.C. Police on the basis of incomplete and shoddy investigation filed a Final Closure Report (F.R.) in collusion with the accused party. Now I'm planning to challenge this F.R in court. Now my lawyers are suggesting me to get this case converted into warrant case where warrants will be issued by court directly against the accused party. Can this be possible if yes, how and under what provisions of Cr.P.C.? Kindly advise.



Learning

 2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     05 September 2013

Sir

What exactly do u mean by a final closure report? IF you mean that the cops are filing a closure report, then you being the complainant shall have the right to lodge what is called as a protest petition and show cause as to why the police report should not be considered and why is there further reason to enquire into the guilt of the accused.You may file your petition and show cause to the court as to why the police report is not to be considered as correct and why you feel that the accused have commiktted offences which can make the court take cognizance of the offence..The court upon considering your report may direct the police to conduct further investigation or it may ask u to proceed against the accused by means of a complaint case where u examine yourself and your witnesses if any.

Section 315 is the major offence of your complaint and being a serious offence punishable with ten years, it is already a warrant trial and hence you need not worry about the same. Just follow what i told you in the first para.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     05 September 2013

And if u meant issuing of warrants under the general principle of compelling accused persons to appear , you may go through section 204 crpc where the court has power to issue summons or warrants against the accused to compel his appearance in court. However in such  cases, summons are issued as a matter of practise.

Advocate Augustine Chatterjee

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