P RaviShankar-cell-8939332195
(Querist) 15 January 2016
This query is : Resolved
I filed complaint to magistrate in 2011 who inturn directed police to investigate complaint and file police report. Police filed closure report last week and closure report did not contain statement of accused. I have 1 week to file protest petition. If my protest petition is not accepted what remedy do I have. Can I still file pvt complaint under section 200 CR.p.c
Guest
(Expert) 15 January 2016
Closure report not necessarily accepted by magistrate. You as complainant can point out deficiency or improper investigation. Magistrate can not only reject report and give fresh directions and even mention what points to investigate and may even fix for a senior officer of DySP level to investigate
But you should be able to clearly bring out bias, lacunae and deficiencies in investigations related to your complaint charges.
Devajyoti Barman
(Expert) 15 January 2016
No, if your protest petition is rejected you can challenge the order in Revision but second complaint case can not be filed.
M/s. Y-not legal services
(Expert) 16 January 2016
yes. you can file a fresh complaint under section 200 Cr.pc only when the court allow your protest petition. ..
if it is rejected mean you can seek your further remedy before the revision proceeding only.
Adv. Yogen Kakade
(Expert) 16 January 2016
I agree with the experts above.
Guest
(Expert) 16 January 2016
please read my suggestions again. If magistrate accepts police FR. you can go to sessions judge for reopening case.But you must show solid lacunae in investigations.
Rajendra K Goyal
(Expert) 16 January 2016
You can file revision as suggested by the expert Devajyoti Barman.
K.S.Srinivas
(Expert) 26 January 2016
I go with the expert Sri Burman.
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