Consideration
raju
(Querist) 06 February 2021
This query is : Resolved
Case pertains to sexual assault, molestation and outraged modesty of women and FIR registered U/s 354, 354(B). Police not doing investigation properly and filing cancellation report as accused very influence having approaches. Can court be requested to issue process of summons to accused.
Dr J C Vashista
(Expert) 07 February 2021
File a complaint u/s 156(3) Cr PC in the concerned court
Are you victim/ complainant or examiner ?
Advocate Bhartesh goyal
(Expert) 07 February 2021
Complainant need to file protest petition against Final Report ( F.R ) before concerned Magistrate and has to request to inquire / investigate the matter and take cognizence of offences .
raju
(Querist) 07 February 2021
Dear expert Mr.Goyal ji objections filed to cancellation report and prayed before court that police did not investigated the matter properly. Can Court issue process of summons to accused.
Advocate Bhartesh goyal
(Expert) 07 February 2021
If court get satisfied by your objections and deems just and proper then definitely issue process.
raju
(Querist) 07 February 2021
Police intentionally and deliberately not taken material evidence and again submitted cancellation report as fully supported the accused. My query is that if court now accepts cancellation report what remedy left. Can go for private case in court against accused.
Dr J C Vashista
(Expert) 08 February 2021
As advised by expert Mr. Bhartesh Goyal, which I endorse, move a protest petition against the cancellation report filed by the police.
raju
(Querist) 08 February 2021
I have filed objections to cancellation report which is protest petition
K Rajasekharan
(Expert) 08 February 2021
The court has enough authority to proceed with the case, after going through the complaint along with the protest petition, and by rejecting the cancellation report of the police if the court is prima facie convinced of the sexual assault or harassment.
If the court finds lapses in the investigation it can ask the police to conduct further investigation on ingredients that have some lapses.
T. Kalaiselvan, Advocate
(Expert) 04 June 2021
In case the police proceed to file a closure report, the victim shall be entitled to be served with a referred charge sheet notice in order to enable him file a protest petition before the judicial magistrate, who shall act on it in accordance with law.
Since you have already file a protest petition in this cse, you may wait for the court to her all the parties including you before taking a final disposal of the case before it as pe lw and the evidences submitted before it by the prosecution side and the victim side.
