Even After clean chit from police court can proceed
Kamal Grover
(Querist) 22 November 2009
This query is : Resolved
Supreme court has decided a new case wherein the court has decided that even after getting the clean chit from the police, court can summon or person can approach to the court.
Devajyoti Barman
(Expert) 22 November 2009
The query is not clear to me. Presuming that you wanted to know what does that judgment mean then I would likely to state that a investigating agency after completion of investigation is required to submit Police Report u/s 173 of Cr.P.C. whereby if the police comes to a conclusion that prima facie a offence is appeared to be committed then it asks for start of trial under certain sections which is known as Charge Sheet. However if the police does not think so then it submits Final Report stating no offence appears to be done. If that is done then the Magistrate can adopt any of the three courses :
1.He mau accept the report and drop the case;
2.he may disagree with the report and and take cognizance of the offence and issue process;
3.he may direct further investigation by the police u/s 156(3)of Cr.P.C.
If the Magistrate takes the first course then the complainant is required to get a notice from the court so that he gets another opportunity to fight that view by filing Protest petition.
It appears that the Supreme Court repeats the said view like earlier.
Raj Kumar Makkad
(Expert) 22 November 2009
Kamal You should clear your quarry first so that conflicting views may not appear.
Kamal Grover
(Querist) 22 November 2009
Sorry i was in hurry so did not post compete detial. i will do it on next step.
Sachin Bhatia
(Expert) 23 November 2009
Koi gal nhe aaram nal karo Mr. Kamal
Kamal Grover
(Querist) 23 November 2009
Dear Mr.Sachin,
I had already done. but i think u have not check. Plz check my other mail. coz i had already close this querry.
ESTHERPRIYA
(Expert) 25 November 2009
Any how how the query is resolved
Kamal Grover
(Querist) 26 November 2009
It was an important judgment, which i have posted again.
Thanks
