TSBehera (n/a) 17 April 2008

Police giving report as facts of case as false U/S 173 without investigating

In a case when matter reported to police ,it neither registerd the FIR nor gave acknowledgement to the written complaint taken in duplicate.Complaint case filed with Magistrate .Copy of written complaint sent to SP in time.In actions of Police also reported to SP.

Magistrate asked for enquiry report u/s 210 of Cr.PC.The case was shelved for 9 months on want of police report ,dates rolled on.After 10 months police reported to complainant under Sec.173,the facts to be false.He has not given any reasons .He has not called for enquiry either the complainant or the witnesses named in complaint petition though a copy sent to police by Magistrate .He has not taken any statements from them.He has submitted an unilateral report may be taking statements of the accused and some of his tutored witnesses corroborating his falsity..

Incidentally facts of complaint though reported to complainant by post to be false in a single page abstract by police ,same is not yet be given to the Magistrate.

How to present effectively to protest police report before magistrate for taking cognisance of offence and for trial.Clearly connivance of police to screen accused is seen.

Kindly advise

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5 Replies

Rajendran Nallusamy (Advocate) 06 May 2008

File a petition under section 482 before the High Court for change of investigation

TSBehera (n/a) 06 May 2008

I have filed the protest petition but fact is although police has sent me the report u/s 173(2)(ii) by post as false,police has not yet sent the report u/s 173(2)(i).I am awaiting the reaction of CJM.I expect CJM to give me a chance of hearing and I hope to explain with facts.I hope he takes cognisance,however if he does not should I go for appeal with district forum or file a petition U/S 482?Kindly advise

Kiran Kumar (Lawyer) 11 May 2008

approach the High Court then

deepak kumar (Advocate) 14 June 2008

you may give written represent ation to the higher police officials such as the S.P, IG and the DGP. I am sure that once the matter is brought to the notice of higher officials the inaction on part of lower officials will end.

if inspite of that no action is taken you may approach the High Court.

you don't have to worry about submisiion of police rport that the case is false as your complaint is still pending before the magistrate and he will give you an opportunity of being heard before the matter is decided by him

in case cognizance is not taken by him then you have the remedy to file a revision application before the Sessions Judge or before the High Court.

Rajendra (nil) 18 August 2009

Is there any citation (of SC) to compell the trial court to start the trial (on the basis of material on record) even though the police have sent report that complaint is false?