In 200 crpc private complaint -fir registered and closed
Bala
(Querist) 03 February 2024
This query is : Resolved
Sir/Madam,
I had file a private complaint in Family court under 200crpc for investigation under courts jurisdiction police station and the same was accepted. Honorable Judge had passed and Order stating that Investigate and report to the concerned police station.
There after, police had filed FIR with IPC sections 193, 196 mentioning it as a court referred case and included my name in the name section.
When the investigation had completed and evidence was established now, police had approached Public prosecutor for their opinion to proceed with charge sheet.
Respected PP had provided opinion and suggested to close the FIR as it is a private complaint and under 191 - 196 FIR can't be done because it as a private complaint and not a cognizable offence. The complaint has to come from Honourable Judge or from court authorities - honorable supreme court judgement was referred along with the suggestion.
Hence, Police had closed stating Action Drop and submitted to the court.
My sincere request here is whether the Police under section 191-196 as suggested by PP is valid because I had put my complaint under section 200crpc.
What would be the steps to take for my rights to be considered in the court and investigation and charge sheet against accused to be done as a cognizable offence.
Requesting for help through this learned forum.
Apologies if the above had any offence.
Thanks
Bala.
T. Kalaiselvan, Advocate
(Expert) 08 February 2024
You can approach the high court with a revision petition to set aside the action drop by police and seek direction to the trial court to conduct the case as per law.
