Mrahi (NA) 28 February 2013

Final report under section 173(2) say no offence, can magist

Final report under Section 173(2) is filed by police who have vested interest with the accused. The report filed by police is not to take cognizance of the offence and to drop the proceeding as complaint is false.

can magistrate suo motu take cognizance and issue process to accused.

Is the power of the Magistrate restricted to order issue process only on the basis of the objection/protest petition by the complainant or magistrate can suo motu issue process ?

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7 Replies

A . K . SETH (ADVOCATE--LEGAL ADVISOR) 23 March 2013

Plz bear in mind for always, MAGISTRATE IS NOT BOUND BY THE POLICE REPORT. After FR, notice shall be issued to the complainant/aggrieved, after hearing arguments of both parties, magistrate may conclude or continue with case. Aggrieved/ complainant reserves right to APPEAL/ REVISION against order of the Magistrate. Magistrate is competent to move suo moto in any matter after recording reasons for doing so. akseth advocate:::aksethadvct@gmail.com

priyan Sharma (Officer) 20 May 2014

Magistrate is bound to give oppertunity of hearing to the complainant.

He is not bound to accept the police report.

madhu mittal (director) 28 May 2014

Respected Sir a.k.seth,

What do you mean by

"after hearing arguments of both parties" which two parties.

madhu mittal (director) 28 May 2014

Respected Sir Priyan Sharma,

Will the opportunity of hearing be given to named accused.

Sidharth Arora (EXPERT/ADVOCATE ) 12 June 2014

Yes,the magistrate can take cognizance of the case in spite of F.R. filed by the police.The Magistrate may take cognizance against the accused u/s.190 Cr.p.c.upon the original complaint and proceed to examine the accused u/s. 200 cr.p.c. He may also make an inquiry u/s.202 cr.p.c.Here you may note that after taking cognizance 156(3) investigation cannot be ordered.

Sidharth Arora Adv

9560601768

Sidharth Arora (EXPERT/ADVOCATE ) 12 June 2014

Sidharth Arora Adv

9560601768

madhu mittal (director) 12 June 2014

Respected Sir Sidharthji,

I agree with whatever you written. My basic question is that after filing of FR that there is no offence, at the time of considering this report at the magistrate level, can named accused represent himself or through any lawyer, because it is who is going to sufferer the agoty of trial if cognizance is taken due to negligency at the level of Magistrate sir,or govt. lawyer i.e. some decided legal decisions are not brought to the notice of Magistrate sir.

So please guide whether at the time of considering this report by the Magistrate Sir, the named accused can represent himself or through lawyer.

With regards and thanks,