Yaseen Mohammad
(Querist) 11 February 2010
This query is : Resolved
Private complaint filed under section 200 of Cr.P.C. before criminal court. The same is referred to police for report and investigation. The police filed report as false case. There is any limitation for filing of protest petition. and under what provision ?
B K Raghavendra Rao
(Expert) 11 February 2010
You should have told the court immediately on the police filing B Report, that you are filing a protest application challenging the report of the police and at the next immediate hearing you may file the application furnishing all the details about the case to justify your complaint as bonafide and the police have not properly investigated the complaint.
Arvind Singh Chauhan
(Expert) 11 February 2010
There is no time limitation for filing such application but in Cr.P.C there is already limitation period for courts to take cognizance of an offence therefore you should not wait and should follow Rao Sir's advice.
Guest
(Expert) 11 February 2010
Mr.Yasin, your query is one side put before us for our expert comments. But I want to know how the Court has viewed the Police Report and has it passed any orders accepting the Police Report. If not yet, please wait till the Court comes to a conclusion and pass Orders. Because the Court is not to simply or blindly take Police Report as conclusive. Court may set aside the Police Report if it thinks that the Report is legally infirm or unfair and may directly take cognizance of your Complaint and deal with it in accordance with law. Hence don't get panic now itself and only watch the Court's arriving at conclusions. If the Court accepts the Police Report and dismiss your Complaint, then you can challenge it in Criminal Revision before the Sessions Court u/ss.397 and 401 Cr.P.C. and putforth your contentions there.
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