Legal Question in Criminal Law in India

Dear sir,

i need your advice that, on my petition under section 156(3) an

criminal case was registered u/s 418/406 ipc by court order.

that in this case, 2 times "final report" filed by same police station.

and "investigation officer" not submitted any doc. and statement

given by petitioner and filed "final report" 2 times.

my question is that, in above situation can i pray to court

through "protest petition" for the order of "re- investigation" from

any other police station of same city ?

regards.


Asked on 12/09/10, 10:07 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

On the basis of report, first, the magistrate has to form an opinion of accepting the report and dismissing 156(3). In such scenario, it will be obligatory for the magistrate to treat your application under 156(3) as an application/a complaint under 200 Cr P C and to give you an opportunity to lead your evidence in support of complaint. Once you do so, on finding a prima facie case, the magistrate will summon the accused persons.

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Answered on 12/09/10, 10:12 am


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