Sec 202 cr.p.c.
Arvind Singh Chauhan
(Querist) 07 October 2011
This query is : Resolved
If complainant request to court to direct investigation through police under Sec 202(1)or by other person as court think fit, and complainant is not satisfied with the investigation report.
Whether he can file protest petition against such investigation report and may produce his witnesses at the stage of 202 Cr.P.C.?
Plz suggest.
kuldeep kumar
(Expert) 07 October 2011
IF U PRODUCE GENUINE WITNESS THEN THERE IS NO NEED FOR INVESTIGATION.WHY TO BURDEN MAGISTRATES DUTY.
Arvind Singh Chauhan
(Querist) 08 October 2011
Sir complainant does not live at his native place where, the damage to his property is being caused by some one and nobody is ready to give evidence in court.
kuldeep kumar
(Expert) 08 October 2011
file protest petition nothing wrong in it
vijayan
(Expert) 08 October 2011
Magistrate have three options when getting a private complaint under section 190 of CrPC. (1) refer it to police for investigation under section 156(3) Cr PC.(2) enquire in to the matter by himself by examining the complainant and witnesses .(3) direct a person other than a police officer to investigate the matter.
In the case of 1 and 3, if the investigation report or final report is not satisfatory to the complainant, he can file another protest complaint before the same court with sufficient proof and by adducing necessary evidence. In the case of no.2, if the magistrate dismissed the cmplaint under section 203 CrPC after conducting 202 enquiry, approach highier courtwith revision petition.
