Legal Question in Criminal Law in India
An F.I.R. was lodged under section 302 I.P.C., the police submitted a final report and recommended the proceedings U/s182 Cr.P.C. against the complainant. Thereafter a C.B.C.I.D. inquiry was ordered upon which again final report was submitted and again the agency recommended for proceedings u/s 182 Cr.P.C against the complainant. The learned judge upon the protest, treated it as a complaint case and after 200 and 202 Cr.P.C, summoned the accused persons. The accused persons moved to the High Court against that Order. The High Court ordered for a C.B.I. inquiry and kept the summons in abeyance till then. Now, the C.B.I. also had submitted a final report and recommended for proceedings u/s 182 Cr.P.C against the complainant. The learned judge has now issued warrants against the accused persons as he has observed that the Order of the High Court was in effect till the completion of C.B.I. inquiry... My question is whether after the sbmission of final report from C.B.I, a complaint case can be instituted against the accused persons?? I need case laws for these in HC.. If anybody with sound criminal knowledge could help..
2 Answers from Attorneys
it is upto the judge to accept the investigation carried out by the agency or decline to accept the same and take cognizance of the matter himself and proceed according to law. you need no case law in this as everything related to your query is elaborated in criminal procedure code.
The Report of Investigation or Final Report of police is not binding on the court. Court may come to a different conclusion.
However, Final Report of agency like CBI with recommendation of initiating prosecution against the complainant, may stand on a different footing as views of investigating agency and the court are exactly opposite.
You need to consult an experienced lawyer of criminal law with all the papers and information for proper advice.
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