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Mrahi (NA)     07 July 2011

Police files 'B' report even after evidence are given

Hi Legal Experts,

 

I have a query about magistrate power and how to move after police files "b" report. In one of my friend case the police did not register the complaint of dacoity even after written complaint was given since the acussed is local corporator, the friend filed the 156(3) application and court passes the order for police to investigate and submit the report.

Since investigation was not proper he move application before the court  to monitor the investigation, magistrate order 4 times for IO to be present in-person with case diary report but none of time IO appeared. So he move application in court to direct Commissioner of city to take action againt the erring IO, the court passed the order and immediately on next date the IO filed the report stating no dacoity happened by taking neigbhour statement under 161 stating that house was locked though there is video evidence of house being looted.

What is next stage of  action to be taken, since there is recovery and police are hand in gloves with accussed arrest will show illegality on there part. Your response is apprecited.



Learning

 1 Replies

Saurabh..V (Law Consultant)     07 July 2011

@Mrahi

 

This is a case of gross negligence by the police authority and tardiness of the magistrate. You should file an application before the same magistrate challenging that "B" report. If the magistrate refuses to take cognizance of the matter, then you are free to move High Court for directions.

 

Dacoity is no small crime. Its a grave offence which disturbs the harmony amongst the innocent citizens and non-action approach of police would certainly take away the faith of the citizens.

 

I hope you could get justice from High Court of not Magistrate.

 

//peace

/Saurabh..V


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