Justification of status report by police
alleged
(Querist) 24 November 2011
This query is : Resolved
Client makes a complaint before M.M.and submits that no FIR was registered at all by police and prays for the same through 156(3).
(needless to say that any investigation can be carried out only after registration of the case)
Even then usually M.M.'s call upon status reports fron police in each & every case.
1.Why is it so ?
2.Can a status report be filed by police, while no case had been registered ?
3.Can we go for a revision against such order of M.M, if police is deferring and dragging the initial hearings by not submitting the status report in a case, where no FIR was lodged at all ?
4.What status can be filed in such cases, where no action was taken by police and what is the justification behind calling for such status reports, if complainant specifically discloses inaction by police ?
(a copy of FIR is to be supplied in case of registration of FIR)
Raj Kumar Makkad
(Expert) 25 November 2011
1. Because MM is supervisory authority over police.
2. No.
3. Yes.
4. Police can file its observation and criminal court is not bound by assessment of the complainant until police submits its status report.
Rajeev Kumar
(Expert) 25 November 2011
Mr. Makkad has replied well
alleged
(Querist) 25 November 2011
answer no. 2 & 3 are contrary to no.4
Shonee Kapoor
(Expert) 25 November 2011
Yes it is so on plain reading, but not exactly, Mr. Makkad are correct
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com