INVESTIGATION

We would further clarify that even if an FIR has been registered and even if the police has made the investigation, or is actually making the investigation, which the aggrieved person feels is not proper, such a person can approach the Magistrate under Section 156(3) CrPC, and if the Magistrate is satisfied he can .

Dear Mr Sastry, Firstly, an investigating officer cannot be changed so easily. The magistrate cannot change the Investigating officer (IO). Magistrate may order re-investigation by a senior IO only after the charge sheet is filed by the first IO and it is found that the investigation was grossly defective. But you have a remedy apart from changing IO. You may file a protest petition after police has filed investigation report if you have a better evidence and the same is not referred to in investigation report. The Magistrate will apply its mind and see if any offence is made out. If he does, the trial will commence as per facts stated by you in protest petition. Sometime protest petition is converted into Complaint under section 200 Cr PC. and then process of 202 Cr PC is followed. In case you wish for a detailed consultancy, you may contact me on my e-mail: "office.sbhardwaj@gmail.com" Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh. Disclaimer:- Opinion is only for guidance.

As per your concerned query!

when police presented a final report under section 173 of Crpc, wherein the police concludes the allegation is not made out against the accused. Thereby, an aggrieved person or complainant is not satisfied with the police report filed before the concerned court, such person may move the protest petition against the negative police report.

The procedure to file a protest petition:

First, a police report by the officer-in-charge needs to be sent to the Magistrate so that Magistrate can take charge of the case. If the Magistrate decides to reopen the investigation, then under section 200 of the Code of Criminal Procedure, 1973, the Magistrate can examine the victim or witness, where one has the opportunity to narrate their case. To meet the goals of justice victim can go with this remedy where previous investigations had wrongly acquitted the accused. Once the Magistrate establishes that this was not a false complaint and the victim is rightly unsatisfied, he/she can conduct the inquiry by himself/herself, or order an investigation by an officer-in-charge, to whom the complaint is forwarded.

However, the essential ingredients of the Complaint must be satisfied in the Protest Petition before Magistrate takes cognizance under section 190(1) (a) of the Code of Criminal Procedure, 1973. There are three options available to the Magistrate when the final report is submitted by the police and the Protest Petition is filed.

Firstly, Magistrate may accept the final report and may also reject the Protest Petition.

Secondly, he may accept the final report but treat the Protest Petition as a Complaint and proceed by Section 200 and 202 of the Code.

Lastly, he may accept the Protest Petition and reject the final report and take cognizance under Section 190 (1) (b) of the code.

Hope it is understandable!
Regards
Minakshi Bindhani