In a grevious offense of rape where there is death penalty/life imprisonment if convicted, the investigating officer is delaying the due process without submitting the original FIR after the chargesheet has been taken of record and a PRC No., given. The chargesheet itself was submitted after 5 years !! The investigating officer has submitted to the court in writing that he had sent the original FIR but it was lost in transit. Now, the magistrate refuses to committ the case to the Sessions Court and has been continuously adjourning the case for the last 1 year.
1.Can we submit a prayer to the magistrate to refer this to the High Court under Sec 395 (2) of Crpc. What is the remedy/relief ?
2. Can we ask the magistrate to dismiss the case completely as it is frivolous anyway ?
3. How can we force a committal ?