urgent advise on negative report u/s156(3) / order
R.SHAH
(Querist) 20 June 2011
This query is : Resolved
hi all,
i have filed complaint before ,magistrate and seek investigation u/s156(3) and court order report u/s 156(3), police under accused influence file negative report in my two cases 1. u/s 209,210 ipc and 2. u/s 380,406 ipc etc..
i filed written arguments on police negative report and seeking issued of process and police incompetency in investigating matter. in one case us/ 209,210 ipc they have consider wrong date of offence and enquiry on it. while i have prayers clearly mentioned date of offence.
after written arguments three dates passed and judge said i ll order on last date judge is asking me to lead evidence, otherwise you will suffer. as ivestigation asked us 156(3) to get more evidence witnessing of peoples as todays peoples are affraid of coming to court to give witness even though we reuested for true matter.
i don't get this exactly as i have filed all certifiec court documentary evidence n others alongwith my complaint n in arguments i prays to considerd that ones.
my queries:
1. in this case if judge satisfied then he will order to police to register FIR ?
2. why judge asking me to lead evidence ?
3. it is as per law that i have to lead evidence, if then that on what section judge is taking my matter.
4. it will becomes private case of crpc 200?
5. i have strong case with proofs but due to police negative report i m suffered, if i will not lead evidence then it will trouble me ?
6. or i should wait for order, after going thru order i can go for appeal and there i can asked for opportunity of leading evidence.
7. or if aggrevied with judge order i would appeal to higher court for direction to police register FIR and trail be issued.
8. next date is kept for order and on last date i have told to court i don't want to lead any evidence.
8. can it be possible to file application before couples of days of judgment that i want to lead evidence.
it would be helpful that you expert guide me with more details how to take my matter positively,
thanks
Ajay Bansal
(Expert) 20 June 2011
Now your matter can either be treated as 'Private Complaint' by the court or same can be resend by the court to the police for further investigation.
R.SHAH
(Querist) 20 June 2011
SIR you mean judge will passed order on my written arguemnts / police report, that complainant can lead evidence to issued process or directly she dismissed my application as i have not examine witness after written arguments.
what's the exact procedure? pls .tell me as i don't want to loose the case i m ready to examine ythe witness but what will be the right procedure should i wait for order.
