Police is delibartely giving the shape of "no offence"
Raj
(Querist) 16 February 2013
This query is : Resolved
I have filed the Application 156(3) for regsitering the case for investigation of cognisable offence committed by some persons and the application was transferred to Local thana for investigation and the police is giving the shape that offence has not been committed and surely will file the negative report What remedies are available instaed of filing protest petition before the Magistrate??
Whether appellate courts can compel the police to register FIR??
Raj Kumar Makkad
(Expert) 16 February 2013
If the file has been sent to police station under section 156 (3) then the filing of the FIR is imminent but the question if that even after filing of the case, the police may come to the conclusion as you told so in that situation, on eceipt of summons of the court, get the same case as tried under section 200 Criminal Procedure code as a proivate complaint.
Kiran Kumar
(Expert) 16 February 2013
Rightly advised by Mr. Makkad, the case can still be tried by the Magistrate on the basis of a Private Complaint.
The report of police is not binding upon the court.
ANIL KUMAR 8867907494
(Expert) 17 February 2013
I want to differ with the advice of experts , if u file private complaint u/s 200 of crpc ultimately it will be refered to police for investigation
Raj Kumar Makkad
(Expert) 19 February 2013
Anil! Can you tel/post us the particular section/law vide which every complaint to be tried under section 200 Criminal Procedure Code shall ultimately go to police?
