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Can i prosecute a police sub-inspector

(Querist) 28 March 2017 This query is : Resolved 
I was caught for a traffic offence,the PSI falsely booked an offence against and demanded a bribe of Rs.500 to let me go. I did not pay. He assaults me causing grievous injury.He files a charge sheet against me.I file a complaint with police, they did not file FIR.Engaged a Lawyer.I filed PCR u/s 200 CRPC..Magistrate referred the matter u/s 156(3) of CRPC to the same police station.They did not file FIR for 9 months.In the mean time, my lawyer gets an order from High Court setting aside the order referring the investigation to the same police station.I have taken NOC from the Lawyer. Presently court has taken cognizance of the matter after recording my Sworn Statement.I am conducting the Party-in-Person.

Can I prosecute the PSI by myself or it has to be compulsorily done by the State via Public Prosecutor?
Sudhir Kumar, Advocate (Expert) 28 March 2017
You can conduct.

But in this case the offence is done in performance of official duties so you need a sanction of prosecution u/s 197 CrPC from the authority competent to dismiss him from service.
Dr J C Vashista (Expert) 28 March 2017
Yes you can prosecute as party in-person.

However, engaging a professional and prudent local lawyer will be better for you, in your own benefit, to protect your interest and proceed as per procedure and requirement of law/Court.
Adv. Yogen Kakade (Expert) 29 March 2017
You can assist the prosecution with the permission of the court.
Rajendra K Goyal (Expert) 29 March 2017
Well advised, agree with the experts.


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