Investigation after taking cognizance u/s 202 crpc
Ravikumar K S
(Querist) 08 March 2017
This query is : Resolved
I, private employee was stopped by traffic police sub-inspector (PSI) in 2012 and falsely booked of Drunken Driving by getting someone else's reading on the Alcometer and further the PSI demanded
Rs.2000, I did not oblige. He then assaulted me which caused "Grevious Injury" in my left ear. I did not sign the challan, so he got me assaulted by the other Police on the Spot and got my signatures on
the challan generated from the Alcometer. He then filed a FALSE charge sheet under section 185 of IMV Act and got me convicted by exhibiting just the challan and police notice and court irregularities.
He himself is the complainant, IO & Witness in the chargesheet. I was convicted with fine of Rs.1100 in default of it 15 days SI. I filed a complaint at the Jurisdictional Police station for the "Grevious
Injury" & assault. The police did not file FIR but an N.C.R. Further I approached senior police for help, they also did not investigate the matter. I filed a Private Complaint u/s 200 CrPC. The Magistrate
referred the matter for Investigation u/s 156(3) of CRPC. The concerned police did not file an FIR for 9 months, in the mean while my Lawyer (deceived me and misled me by taking my signatures and )
and approached the High Court u/s 482 of CrPC to quash the order refferring the matter for Investigation u/s 156(3) of CRPC . The case number is Criminal Petition No.7651/2012. The High court
ordered to proceed u/s 202 of CRPC. Attached is the HC order. Likewise the trial court recorded my "Sworn Statement" and took cognizance of the case u/s 325 of IPC. The matter is in the Evidence
Stage.There has been no Investigation & no witnesses, but I have WOUND CERTIFICATE. Everyone including the Magistrate say that I do not have any witnesses, so the case will be closed.
1) With my evidence & doctor's evidence, can the PSI be convicted?
2) Can I request for an Investigation now?
s. ganesan
(Expert) 24 March 2017
One thing to be borne in mind that the PSI acting during course of his duty. So you have to get sanction to prosecute the public servant who erred duty and misbehaved you.
You have to file complaint before the SP/COP to get sanction to prosecution u/s 195 of Cr.P.C.
Further give list of witnesses to the magistrate by showing the copy of challan, fine receipt in which you are convicted, Further add your friends, or nearby passerby persons in order to substantiate to prove the offence of assault. Your AIR report itself shows that you had been assaulted at the time of admitting in GOVT hospital. It is enough. better to get sanction before proceed further in the private complaint. otherwise the complaint will be dismissed on technical grounds.
