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KNK A Learner (Learning to share)     07 March 2011

Statement not Recording dragging since a year.

I filed a private complaint, Police submitted their Final Report as Lack of Evidence, i filed protest petition, Since a year my case is not taken on file because of Judge Transfer, Now also the new judge not recording my statement, still postponing the case. How to make this case Taken on file and get numbered.

Thanks,



Learning

 2 Replies

Tajobsindia (Senior Partner )     07 March 2011

@ Author

1.
Where private complaint was filed?
[A complaint case is never taken by a Judge it is taken by Jurisdiction Magistrates Court!


2.
Did Ld. Magistrate Order Jurisdiction Police to submit a report on your complaint?
[If it was ordered accordingly by a Officer of the Court then it cannot be ordered without alloting the Complaint case a court case file number 


3. Now after the 0 Report submitted by police how can you file a protest Application before same Court when the file is not even numbered as you say? However this besides the point of Law if the concerned Court was without a Presiding Officer the logical task you should have done all these months was to move to Sessions Court and requested there to take up recording of Statement of Complainant based on which either S. 156 (3) CrPC case would have proceeded as per procedures or it would have been converted into S. 200 CrPC and you would have been asked to lead evidences!

However all above besides the point you are suggested to move to Sessions Court and place your grievances with dates and synopsis along with facts of the complaint suit below at trial Court and relief prayed is for recording Statement and running the case as per Law in the interest of Justice.

Also it is always better to nurture a Criminal Complaint case via a expert Criminal Law known Ld. Advocate as criminal cases are more complicated procedure wise and establish proof beyond doubt wise in comparison to civil nature complaint cases, hence you may seek assistance of chamber professional services by searching ld. Advocate here in the LCI forum accordingly who may provide their services on further dates of hearing on this presented briefs.

KNK A Learner (Learning to share)     07 March 2011

Thanks for the reply.

Police submitted Final Report as lack of evidence, Jurisdiction is correct. Please let me know, what to do next to get it numbered ASAP.

Thanks,


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