An F.I.R. was lodged under section 302 I.P.C., the police submitted a final report and recommended the proceedings for U/s182 Cr.P.C. against the complainant. Thereafter a C.B.C.I.D. inquiry was ordered upon which again final report was submitted and again the agency recommended for proceedings u/s 182 Cr.P.C against the complainant. The learned judge upon the protest, treated it as a complaint case and after 200 and 202 Cr.P.C, summoned the accused persons. The accused persons moved to the High Court against that Order. The High Court ordered for a C.B.I. inquiry and kept the summons in abeyance till then. Now, the C.B.I. also had submitted a final report and recommended for proceedings u/s 182 Cr.P.C against the complainant. The learned judge has now issued warrants against the accused persons as he has observed that the Order of the High Court was in effect till the completion of C.B.I. inquiry... My question is whether after the sbmission of final report from C.B.I, a complaint case can be instituted against the accused persons?? I need case laws for these in HC.. If anybody with sound criminal knowledge could help..
