Legal Question in Criminal Law in India

Sir,

In one of the case, Ld. JMIC forwarded a complaint u/s 156 crpc to the Police station.In the mean time court issued a summon to the sho concerned to file the report in the above mentioned complaint. subordinate official went to the court to file the report but the court declined to take the report with the verbal direction that sho concerned should file it personally. BW was issued against sho but due to some unavoidable circumstances, appearance could not be made and now court has issued NBW to file the report. Please clarify,

1. Is it legal to call the investigation report by the court, No time frame was fixed in the complaint's original endorsement by the court.

2. Whether magistrate can impose any penality/punishment on sho (in these circumstances) like judicial custody or any other.

3. what can be the ultimate legal order in case the magistrate refuses to recall the NBW


Asked on 6/17/10, 1:36 am

1 Answer from Attorneys

1. Yes. It is legal. If no time is fixed by the court then it is to be on or before the next date as fixed by the court..

2. Yes, magistrate can impose penalty. Generally it is seen that the court does not sent the official to JC. Non filing of report may be caused for any reason like personal, administrative etc.

3. Revision challenging the order of the court.

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Answered on 6/18/10, 11:56 am


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