Is it necessary for magistrate to inform applicant if accused are released under crpc 169 by police

Amol (Querist) 04 June 2014 This query is : Resolved
Sir/Madam,
We had filed writ petition in High Court Bombay in which they ordered to register an offence under Atrocity Act and IPC sections in 2009 and to investigate the matter.
The accused were released by the police with surety of bond in the year Jan 2010 under CrPC 169 thus making the final report that no evidence was found against the accused under prevention of atrocity act and IPC sections. The final report was submitted to Chief Judicial Magistrate, District: Sangli. The police have submitted in their final report that the applicant was called many a times to police station to record the statement but the applicant refused to do so. But the applicant have recorded the statement but police are denying it also the applicant has recorded the statement in High Court Bombay.
The police didn't inform us neither the magistrate that the accused has been released . What we have to do now since almost 4 years has been passed with no justice. Can we move to the supreme court by stating the reasons for the delay? Or else we have to move to High Court? Suggest the same.

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N.K.Assumi (Expert) 04 June 2014
No. There is no Law that says that the Magistrate or the police must inform the applicant when accused is released on bail. Criminal case is prosecuted by the State as it is an offence against the State, and the State is represented by the Public prosecutor. Better contact the Public Prosecutor to know what is happening with your case. You can not just filed a complaint and sit idle over your case.

Adv.Aiyer VLV (Expert) 05 June 2014
Agree with Sri. Assumi

SC had upheld right of the complainant to appeal. You can try appeal in sessions court.

In.FB look for Indur K Chugnani
He is fighting police and corrupt system. He Might help you.

Nadeem Qureshi (Expert) 05 June 2014
agree with Mr. assumi

T. Kalaiselvan, Advocate (Expert) 07 June 2014
Expert Mr.Assumi is right in his observation that the complainant should remain silent after lodging the complaint. He should have followed it properly. However you can prefer an appeal even now.

Guest (Expert) 07 June 2014
Magistrate or police are not compelled to intimate the applicant if accused is released by any reason considered to be justified for his release.

Raj Kumar Makkad (Expert) 08 June 2014
A complainant can demand for impartial enquiry by moving an application before the trial court except that he has no ground to raise any objection against the police in the given facts.

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