BHARTI KOTHARI (practising advocate) 16 March 2017

Question

hi seniors thanks in anticipation,

I have filled complaint u/s 323 and the learned magistrate order inquiry u/s 202 to police however for sufficient long time the police was not able to file report and therefore the magistrate has asked the advocate for complainant to argue without report and after perusing the documents and examining the complainant on oath he has issued the process and the same was challenged by the accused persons by way of revision application contending that the act of magistratye for not waiting for the report and subsequently conducting the inquiry himself is improper and process is liable to be set aside. I am supporting the judgement of trial coyurt please advice me on my submission.

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Originally posted by : BHARTI KOTHARI
	hi seniors thanks in anticipation, I have filled complaint u/s 323 and the learned magistrate order inquiry u/s 202 to police however for sufficient long time the police was not able to file report and therefore the magistrate has asked the advocate for complainant to argue without report and after perusing the documents and examining the complainant on oath he has issued the process and the same was challenged by the accused persons by way of revision application contending that the act of magistratye for not waiting for the report and subsequently conducting the inquiry himself is improper and process is liable to be set aside. I am supporting the judgement of trial coyurt please advice me on my submission.

Mam,

The decision of the magistrate is within legal limits. However there is scope for the opposite party to challenge the same in appelate court. You need to wait for the outcome of the appeal. Based on that further proceedings will be done in lower court.

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