Referred notice issued by police, next action

Querist : Anonymous (Querist) 11 January 2012 This query is : Resolved
Police registered the Crime, investigated into the matter as per the directions of High Court of A.p., recorded the statements of as many witnesses as 27 who spoke against the accused. but the police supressing the fact issued a referred notice, as 'civil nature'. what is procedure, whether to file a private complaint or filing a petition U/sec.173 Cr.P.C, requesting investigation by another agency.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 11 January 2012
What is the staus of investigation?
Has it been complted and report u0s 173 crpc is given?
If it is given then whether it is charge sheet or Final Report?

If it is the Final Report then the de facto complainant would be intimated after which the de facto can challenge such order by filing Protest petition.

If the police has submitted Charge Sheet then it is ok though you may prayer for addition of charges if some applicable charges are not given.

Raj Kumar Makkad (Expert) 12 January 2012
You can file a private complaint under section 156(3) CrPC or may pray the court to direct the police to conduct investigation through senior and unbiased officer

Advocate. Arunagiri (Expert) 12 January 2012
Mr.Barman,

The author says the police had already refer the case as "civil nature".

Author:-

The magistrate is not bound by the report of the police. You may file a protect petition. The magistrate may order for reinvestigation or may take your case as private complaint or may reject your prayer.