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How to respond final report

(Querist) 08 May 2020 This query is : Resolved 
Dear Experts I have lodge a FIR in which I.O. has been submitted Final Report but I have some material documentary evidence which IO keep set aside. I want to know remedies available for me I do not want re Investigation can I proceed in court directly by converting FIR to complaint case.
Thank You
Raj Kumar Makkad (Expert) 08 May 2020
FIR cannot be converted into complaint unless police has filed cancellation report which is not your case. Once police has filed its final report against the accused, the complainant has no other option but either to file an application under section 173 (8) of Criminal Procedure Code seeking re-investigation of the case or to file a separate criminal complaint under section 200 of Criminal Procedure Code if some more facts remains to be investigated. It is your desire to chose the appropriate method.
Rajendra K Goyal (Expert) 08 May 2020
Since you do not want reinvestigation, you can proceed with complaint u/s 200 Cr PC.
P. Venu (Expert) 09 May 2020
Has the omission as alleged, altered the nature or the gravity of the offences?
Guest (Expert) 09 May 2020
. In your case if you are not satisfied with the investigation and if the matter is yet to come to the Court you could file a Private Complaint in concerned Court and Detailed Investigation would be ordered. Discuss in detail with local good Criminal Side Senior Advocate/
Guest (Expert) 09 May 2020
In your case as mentioned you could file the additional information what ever had been left out by the Investigating Officer directly in the court at the time of trial. Though the Public Prosecutor would be handling your case you are at liberty to have your own advocate also along with him and if you are capable you could also mention about the additional evidence or proof left out by the I.O. in a polite and pleasing manner and concerned court would certainly accept it.
Guest (Expert) 09 May 2020
"Section 200 --Crpc -- is the Examination of the Complainant. The Magistrate taking the cognizance of the offence shall examine the oath of the complainant the witnesses ..present if any and the substances of such examination shall be reduced in to writing and shall be signed by the complainant , the witnesses
and also by the concerned magistrate."...---.......You should make use of this opportunity to present your grievances with regard to what had been left out by the I.O.Please......
Dr J C Vashista (Expert) 09 May 2020
In case police have already filed final report u/s 173 Cr PC and left / ignored certain important documents to prove your case you (as complainant) may file protest petition before framing of charge, through your lawyer.
Rajendra K Goyal (Expert) 10 May 2020
Above advice was based on the factor that closer report was submitted by police.

The final Report filed by police u/s 173 Cr. P C. is of two kinds-
a) Closer Report
b) Charge Sheet /Final report
Please clarify which kind of final report has been submitted in your case so that any further advice can be given.

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