Whether written arguments can be file for regsitering case if police has file the atr
yogesh
(Querist) 01 September 2013
This query is : Resolved
Sir,
I have file the Criminal complaint before the Ld M.M court under section 156(3) of CRPC for regsitering case under IPC for cognisable offence The police has file the ATR before the court report after recording the statement of the accused and submitted that alleged ofence has not taken place in their jurisdiction and hence FIR cannot be filed
I have seen the previous orders of Ld Magistrate and the ld magistrate did not issue directions for FIR but encourages the complainant to lead evidence under 190 which obivously be not be helpful in nailing down the accused without proper police investigation
Since the offence is cognisable, I don't want to loose any chance of not regsitering FIR by the Police and investigation the matter by the police
In the lieu of above, whether its appropriate that I file the written arguments by citing SC decisions so that it can become the part of record before the magistrate pass any orders by ignoring the aspects
Raj Kumar Makkad
(Expert) 02 September 2013
You can definitely file your written argument.
Devajyoti Barman
(Expert) 02 September 2013
Well, i do not think it is fit case where written argument is to be given.
It is discretion of the court whether to straight way send away the complaint to Police as FIR or to treat it as Complaint case.
You can rather move to higher court in revision.
A. A. JOSE
(Expert) 02 September 2013
I endorse the view of Mr.Devajyoti Barman. Moreover, if you were aggrieved with the previous order of the Magistrate, you could have challenged the same at that time itself.
yogesh
(Querist) 02 September 2013
Surely yes Bose sir and Jose Ji and Thanks Makkar sir..I don't want to miss the liberity at Metropoliatan Court as Ld M.M too thinks many time by ignroing the citaions of the SCI if the written arguments becomes the part of record
Advocate Ravinder
(Expert) 05 September 2013
If it is a problem of jurisdiction, the court can refer the same to correct Police station having jurisdiction. You can plead the same before the magistrate.
