Private complaint against police officers
C.NOWSHAD
(Querist) 19 August 2011
This query is : Resolved
dear sir/madam..
i tried to lodge a complaint against an Inspector of Police, a special sub-inspector of Police and a head constable for thier act of abuse, assault and criminal intimidation against me in the local police station.. when it was refused, i sent it through Regd.Post to the SP... based on my intimation about this to the local Bar Association, the bar association unanimously passed a resolution against those police officers and sent the same also to the SP. even after that, no steps has been taken against the Police officers.. hence i filed a private complaint under sec.200 cr.p.c before the judicial magistrate court(Dist Munsiff cum Judicial Magistrat). i produced rulings/citations of supreme court and orissa and patna high court to explain my point that previous sanction is not necessary to prosecute them since the act of scoulding in filthy language is not the part of their duty. all those rulings were dated back to 2001. now the magistrate informed me that he has no power to take cognizance of this case since the accused are police officers and only the chief judicial magistrate has power for the same. he told this based on a G.O of the government of tamil nadu of 2002. and further directed me to produce any other rulings of the madras high court and supreme court after 2002 in favour of taking cognizance of these kind of cases by the judicial magistrate himself or citations where the cases were tried by the judicial magistrate and not by the chief judicail magistrate... this matter was posted after one weeks..
pls help me with few citation/rulings.....
Arvind Singh Chauhan
(Expert) 19 August 2011
I think learned J M is not right. G.O can't supersede a statute made by state legislature or central Govt.
Rajarshi Bhowmik
(Expert) 20 August 2011
I am bit astonished that you have filed an application u/s 200 Cr.P.C. being agreed with the other experts I would suggest you either to knock the door of the Honorable High Court or Honorable supreme Court praying for a direction against the state to register and investigate your case to unearth the real truth. Or you may file an application u/s 397 Crpc before the Ld season judge against the Ld Magistrates order. For any further details please visit www.rajarshibhowmik.webs.com
prashant pundhir
(Expert) 20 August 2011
The G.O's are not applicable on the courts. Secondly,all the magistrate use the deligated powers of the chief judicial magistrate,and if the c.j.m. deligate him the the power to listen the complaints of that thana and also of the sections applied,then it is not any matter that either he is a police officer or govt.servent or a common person .All are same in the sight of the law .
Inspite of that if he says it,then say to dismiss the complaint on this ground and file the revision in the session .
C.NOWSHAD
(Querist) 20 August 2011
experts... pls post any of the citation of madras high court and supreme court regarding the G.O's are not applicable on the courts and also for magistrate court has power to take cognizance of the case directly...
