swagath (md) 09 February 2012
2 people have thrown stones on a buliding at late night 11.30PM and the building owner has lodged a complaint.
The IO has taken bribe and filed a C report stating that he is unable to find out the persons.
complainant wants to challenge the report advise pleae
what are the techinical points to be dealt?
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 February 2012
The Magistrate is not bound by what the IO says, complainant can always file a protest petition before the magistrate u/s 190(1)(a) r/w 200 - wherein the magistrate is free to take cognizance and even order further enquiry.
swagath (md) 09 February 2012
THANKS FOR THE REPLY
SHOULD WE GIVE EVIDENCE FOR THAT
AS IT IS THE DUTY OF POLICE TO COLECT THE EVIDENCE
adv. rajeev ( rajoo ) (practicing advocate) 10 February 2012
complainant has to file an objection to C report, after that evidence.
swagath (md) 10 February 2012
objection has any crpc of straight away
sridhar pasumarthy (ADVOCATE) 10 February 2012
objection is nothing but by way of filing protest petition which is just like a private complaint.
If police fails to co-operate in collecting any evidene, victim/building owner can adduce the evidence of neighbours or of any passers by etc. who witnessed the incident at that time
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