STRANGE SITUATION
Arvind Singh Chauhan
(Querist) 27 March 2010
This query is : Resolved
Respected members,
One of my case is at final argument stage. There is a strange situation in case that FIR was lodged on the direction of court under 156(3) Cr.P.C..
In this chick FIR whole two pages order of 156(3) has been copied word by word as some of these lines are " Aggreived approached on........ to SHO but SHO only submitted challan under 107,116 Cr.P.C. against accused. I inspected the medical report and their documents and satisfied, thus SHO concerned police station is directed to lodge FIR and start investigation -Signature Sd (Name of Magistrate)."
Sir SHO is the same who already submitted challan under 107 116 and who lodged written this FIR, There is no signature of reporter on FIR only SHO has signed.
Sir can accused may be benefited with this FIR. Don't you all think that magistrate should also be a witness in this case as his name is mentioned in FIR and he should not hear this case. Who will be deemed "reporter" ? If I am right please help me, How should I argue in this case.
s.subramanian
(Expert) 25 August 2010
No. Such an endorsement cannot make the magistrate a witness.
