B-report in molestation case
johan
(Querist) 28 March 2017
This query is : Resolved
2 men had entered my house and assaulted ny housemaid. She filed a molestation case against them u/s 354, 506 IPC. After 3 months of registration of FIR the police have not recorded 164 CrPC statement of the victim nor have they recorded the eye witness statements. They have filed a B-report saying that the accused were in a different city based on their statements. Are the police actions legally sound?Can we file an FIR against Police for mishandling the case and favoring the accused?
Guest
(Expert) 09 April 2017
It is not obligatory on the part of the Magistrate to accept the B -Summary report of the Police. He can still proceed against the accused. You will have to file a protest petition against the Report of the Police, before the same Magistrate.
Alternatively, you can file a fresh Private Complaint before the Magistrate.
The Magistrate, on examining the Victim/Complainant and witnesses, if any finds that the offence is made out, may pass an order of issue process u/s 204 of the Cr.P.C.
As of now you cannot do much against the Police. They have the powers to file a B-Summary Report.
