Om Shanker Shrivastava (Environmental Lawyer) 28 February 2012
Someone filed a complaint against me to JMFC-First Class. The court directed to investigate and submit the report. If Police provide a negetive report to the Magistrate as investigation is directed by the court;
1. will procedding/prosecution is maintainable?
2. If yes then How?
3. Can i have some ruiling saying it's not maintatinable if police gave the negetive reoprt.
Raja Ram
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 28 February 2012
Mr.Srivastava,
Whatever comes in the police report - the magistrate is not bound by that. The magistrate is bound to apply his judicial mind to adjudge whether prima facie case for moving ahead is made out or not. The judge can stil take cognizance even on the police report u/s 190 (i) (b) or even on the protest petition of the complainant u/s 190(i)(a) r/w 200.
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