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Narayana Swamy (security)     18 June 2014

How to reopen police complaint?

Dear Experts,

 

We filed police complaint on attack on senior citizen belongs to SC .The local police booked the accused on simple cases and the investigating officer (SI)not booked on SC-ST Atrocity act because the accused have bribed the SI .The police kept the case under investigation for more than 9 months and in the meantime we again sent another two compliants to local police to register supplimentary cases under SC-ST Atrocity act by submitting all photos,witnesse Affidavits etc but the police neglected all our complaints. After 9 months they filed chargesheet and the accused are produced to the court and the accused Aquitted because the police statement and witnesse statements are different.

  As per the recent direction of Supreme court " Every acquittal in a criminal case should be understood as a failure of the justice delivery system and in serving the case of Justice,directing the governments to punish investigating officers in such cases".

     So,what we have to do next to get the accused punished under SC-ST Atrocity act?Can we approach commisioner of police to reopen our complaint or should we approach court to give direction to the police to reopen our complaint and register Atrocity case against accused ? Please give your advice.

 

Thanks,

Narayana Swamy



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 3 Replies

Tarveen (Self Employed)     18 June 2014

Dear Querist, You can file a protest petition before the court and provide all the details you have with you. You can plead and add all the relevant documents you have in your power and possession. If the court will be satisfied then it will direct the Police for re-investigation as per my limited understanding on the subject. My seniors may correct me if I am wrong. Thanks and regards Tarveen Singh Nanda Adv.t.s.nanda@live.com

Tarveen (Self Employed)     18 June 2014

Dear Querist, You can file a protest petition before the court and provide all the details you have with you. You can plead and add all the relevant documents you have in your power and possession. If the court will be satisfied then it will direct the Police for re-investigation as per my limited understanding on the subject. My seniors may correct me if I am wrong. Thanks and regards Tarveen Singh Nanda Advocate and Consultant Adv.t.s.nanda@live.com

Narayana Swamy (security)     19 June 2014

Sir,

 

At this stage,Is there any possibility for us to directly approach Commisssioner of police to reopen our complaint  and to  file charge sheet against accused under SC-ST(POA) act instead of filing a protest petition before the court? Does the commissioner of police have powers to reopen our complaint on request once the case is aquitted in the court?

 

Thanks,

Narayana Swamy


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