Ipc 323,294, and 114

vinodkumar (Querist) 04 February 2012 This query is : Resolved

In above criminal mater, police arrest one person like A, A apply for bail application u/s crpc 436 which is mandatory provison for bail in baillable offence. the magistrate call investigation officer and ask some question and then after investigeting officer put new report for add ipc 324 in FIR. IN really face the injured person is get medicle treatment as out door patient as first day, he has a simple injury on his head, on his head 4 stiches,injury. and then after 24 hour due to bed intension injured person second time without any reason, admit in private hospital for disturbing in our bail applicaion. A' s lawyer request all this fact in court but court, not order in bail application and FIX FOR HEARING bail application for next day, and demand for medicle certy, in this situtaion A sufferi g for pre trial conviction without any proper reason, so A can do some leagle step against the magistrate or police?

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Raj Kumar Makkad (Expert) 04 February 2012
There is no scope to do so because the magistrate has done the alleged action within his rights and power. Hon'ble Supreme Court has recently held that rrial magistrate has to supervise the investigation and thus he is within his right if IO has not included any section in the Kalandra or FIR.