(Querist) 30 December 2018
This query is : Resolved
My criminal FIR closed by court with the false police final report. Instead of reopening it I am thinking to open a new private complaint in the same court, u/s 200 cr.p.c to pray to summon thro court and start trial. Kindly let me know if there is any gap in this.
Vijay Raj Mahajan
(Expert) 31 December 2018
Before closing the criminal complaint proceeding, the court give ample opportunity to the informer/complainant to file protest petition challenging the closure report u/s 173 CrPC of the police. The court will only allow closure of the criminal complaint proceeding being satisfied on the basis of the record before it that includes both the closure report of police as well protest petition of the complainant. If the trial court has committed any wrong in deciding the matter, you can move the high court for setting aside the trial court order and proceed with the prosecution of the criminal complaint case. The new private complaint under section 200 CrPC based on same facts and evidence on record may not be right approach.
Dr J C Vashista
(Expert) 01 January 2019
What is your locus standie to the query i.e., whether you are complainant or his / her counsel ? Did you submit protest petition before the Trial Court when you were summoned before acceptance of closure report of Investigating Officer ? Consult a local prudent / senior lawyer for better appreciation of facts and guidance.
(Querist) 01 January 2019
Vashi Sir. 1. Sir I am the complainant. 2. Yes objection petition I filed in trial court but Magistrate yet closed stating that final report of police says no prima face to proceed
(Expert) 06 January 2019
Go for writ petition in High Court.