Hi,
My acquintance wants to know what is going to be best way to ensure that a person who has broken the law gets punished to the maximum.
He knows that a person has broken india's foreigners law. Shall he directly lodge a case in court or shall he first complain in police station first. If he lodges case in court first - will that not become a private case?
How he can ensure that the case is state vs the accused?
GUDAKESH KUMAR (LAW OFFICER) 29 January 2011
It depends upon the gravity and the secriousness of the offence. Please note that complaint as defined in Section 2 (d) of CrPC is always made to the magistrate and information of cognizable offence as mentioned u/s 154 of CrPC is reported to the Police.
adv. rajeev ( rajoo ) (practicing advocate) 29 January 2011
Complaint can be filed before the police if police rejects to take the complaint then complaint will have to be filed before the magistrate. Such complaint will be treated as private complaint after investigation by the police on the direfction of the court it will be converted in to criminal case. If police files B report then complainant will have to be lead his evidence.
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