Issuance of process
BHARTI KOTHARI
(Querist) 14 January 2017
This query is : Resolved
intially magistrate has issued the direction under 202 asking the police to inquire the matter and file the report and when on number of occassions the police has not filled the report he heard the complainant and issued the process under 204 asking the accused to come and explain the allegation however this order was challlenged by the accused by way of revision on the count that this act of magistrate of not waiting police report is illegal. please advice me.
Rajendra K Goyal
(Expert) 14 January 2017
If not satisfied, any party can challenge / approach higher courts against the orders of court. It is their right.
The same may be opposed on merits.
Dr J C Vashista
(Expert) 15 January 2017
@ Bharti Kothari,
In your private complaint if the Magistrate allowed your application u/s 156(3) Cr. PC for lodging FIR against respondent(s)/ accused and inquire the complaint, how come the police fail to file its FR U/S 173 Cr. PC and the Magistrate started and completed his inquiry and issued process?
Unbelievable story.
Two contradictory statements have been made by you, please be clear what are the facts of your question.
BHARTI KOTHARI
(Querist) 15 January 2017
Sir magistrate intially asked thr police to file report under 202 and when police has not filled the 202 report he heard the complainant and issued the procxxess asking the acxcused to xcome and explain the allegation
Rajendra K Goyal
(Expert) 15 January 2017
Orders of the court need to be referred.
Has the police refused?
If so, contempt proceedings against police need to be initiated.
P. Venu
(Expert) 15 January 2017
Let the Law take its course.
Dr J C Vashista
(Expert) 17 January 2017
I am failed to subscribe to the views/ statement of Mr. Bharti Kothari.
Improbable and impossible.
The author may (rather must) consult a local senior lawyer.
BHARTI KOTHARI
(Querist) 17 January 2017
Sir intially magistrate has issued the direction under 202 asking the police to inquire the matter and file the report and when on number of occassions the police has not filled the report he heard the complainant and issued the process under 204 asking the accused to come and explain the allegation however this order was challlenged by the accused by way of revision on the count that this act of magistrate of not waiting police report is illegal. please advice me.
Guest
(Expert) 17 January 2017
Ms. Bharti Kothari,
Once the magistrate acted in consideration of the provision of section 202, he should not have invoked section 204 without waiting for the report of the police. Had he considered there to be sufficient ground for proceeding at his own level, and the case appearing to be a summons- case, he should not have invoked section 202 at the initial stage.
So, the accused cannot be considered to be wrong in challenging the action of the magistrate through his revision.
