Protest petition against police closure report with jm
Jagan Mohan
(Querist) 03 September 2018
This query is : Resolved
Dear Experts,
I had filed a police complaint for a cognizable crime through the SP (the police initially refused to entertain it).
The crime was against three people who had written derogatory messages on WhatsApp that was both defamatory (IPC 499) as well as insulting the character, morality and chastity of some of our women office members.
THe Complaint was registered, but instead of IPC 509 that we complained under, the police insisted (based on their consultation with some retired Public Prosecutor and his advice), on filing the FIR under IPC 294(b) and IT Act 2000, Sec. 66 (which I had pointed out to the Police that it was repealed by the SC - they did not listen).
The police did a shoddy namesake investigation and filed a closure report with the Judicial Magistrate that no case could be made out. I do not know the details of that report.
I received a notice from JM to show cause why the investigation must not be closed based on the police report. I have to report before 6 Sept.
My questions are:
1. I understand that I can file a protest petition against the shoddy investigation under Section 190(1)(a) of CrPC. However, before I file a protest petition, can I ask for a copy of the police report along with all the evidences and notes collected by the police so that I can precisely understand and counter that closure report? Under what section would this petition be filed, please?
2. If I file the above petition requesting for a copy of the police report and all other investigation material relied upon by the Police to arrive at the closure report, can I ask for an extension of time to file the Counter petition against the closure report?
3. Most Importantly, in my protest petition, Can I ask the Magistrate to add the correct IPC Sections (IPC 509) under which I had made the Complaint?
4. I understand that I cannot demand for specific police or station to conduct the investigation, but the police at my station are very inept at understanding social media, whatsapp, etc to an extent that they are ill equipped by training, access to technology and equiptment to conduct the investigation properly. Can I seek for the investigation to be handed over to the cyber-crime or atleast ask the JM to direct the cyber crime unit to assist in the investigations?
5. Lastly, can I ask the JM to monitor the investigations (I understand the JM cannot conduct the investigation unless it is a complaint case).
Also, can anybody suggest a good CRIMINAL prosecuting Lawyer at Cuddalore and/or Pondicherry, please? (If this is ok with the rules of this forum).
Thank you, sirs, for sharing your most valuable expertise and time.
Most appreciated.
Dr J C Vashista
(Expert) 05 September 2018
Yes, you can file your protest petition against shoddy investigation.
