Can magistrate take suo motto cognizance after negative 156(3) report file by police
Mrahi
(Querist) 28 February 2013
This query is : Resolved
Can Magistrate take suo motu cognizance after negative 156(3) report file by police. citation appreciated.
Mrahi
(Querist) 28 February 2013
when the report forwarded by the officer-in-charge of a police station to the Magistrate under sub-section (2)(i) of Section 173 comes up for consideration by the Magistrate, where
The report state that, in the opinion of the police, no offence appears to have been committed and such a report has been made.
Can Magistrate suo motu disagree the report and taking the view that there is sufficient ground for proceeding further, take cognizance of the offence and issue process or is it compulsory for complainant to file objection/protest petition ?
Arvind Singh Chauhan
(Expert) 28 February 2013
Magistrate may take cognizance, if there is enough material on record.
Raj Kumar Makkad
(Expert) 01 March 2013
No. Magistrate do not take cognizance suo-moto rather he issues the notice to the complainant and if the complainant is not agree with the report of the police then the case is treated as a private complaint and after recording of the entire evidence as per desire of the complainant, the matter is posted for further proceeding.
Mrahi
(Querist) 01 March 2013
Thanks Mr. Raj Kumar but do i need to compulsory file objection/protest petition or magistrate can order to lead evidence.
adv. rajeev ( rajoo )
(Expert) 01 March 2013
complainant has to file an objections to negative report filed by the police officer and he has to lead his evidence.
Ankit Jain
(Expert) 01 March 2013
A magistrate can take cognizance suo Motu on the information that offence has been committed AIR 1986 RAJ 58
or
Victim/complainant can file a protest petition if he disagree with the police report
Mrahi
(Querist) 01 March 2013
For leading an evidence, do we need to file protest petition, is it mandatory ? or orally cant i argue and lead evidence thereafter
Devajyoti Barman
(Expert) 02 March 2013
On filing of protest petition only the court can decide on its merit.
The court cna not make any suo motu action.
