Complaint against police & sec. 202 of Cr.P.C.

Jainodin shaikh (Querist) 16 January 2009 This query is : Resolved
In a private complaint against police officers; after directing the complainant to lead evidence and after recording the evidence, the court ordered the police to file a report u/s 202 of Cr.P.C. and concerned police despite of several reminders sent by the court; not submitting the report since last 4 month. The complainant moved an application for conducting the enquiry through an advocate(third party). But the court put the matter for waiting the report from the police who are the accused. What remedy is available for the complainant?

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PALNITKAR V.V. (Expert) 16 January 2009
The complainant may request the court to hold the inquiry itself u/s 202. The complainant must persuade the Court to pass some or other order in the proceeding instead of causing delay by waiting for the report. And if the magistrate still keeps quite make an application to the Sessions Judge for transfer of the case to other court.

A. A. JOSE (Expert) 17 January 2009
If the course of the actions suggested by Mr.Palnikar are still not working, then the remedy is to approach the superior court please.

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