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swagath (md)     09 February 2012

Police report

2 people have thrown stones on a buliding at late night 11.30PM and the building owner has lodged a complaint.

The IO has taken bribe and filed a C report stating that he is unable to find out the persons.

complainant wants to challenge the report advise pleae

what are the techinical points to be dealt?



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 February 2012

The Magistrate is not bound by what the IO says,  complainant can always file a protest petition before the magistrate u/s 190(1)(a) r/w 200 - wherein the magistrate is free to take cognizance and even order further enquiry. 

swagath (md)     09 February 2012

THANKS FOR THE REPLY

SHOULD WE GIVE EVIDENCE FOR THAT

AS IT IS THE DUTY OF POLICE TO COLECT THE EVIDENCE

adv. rajeev ( rajoo ) (practicing advocate)     10 February 2012

complainant has to file an objection to C report, after that evidence.

swagath (md)     10 February 2012

objection has any crpc of straight away

sridhar pasumarthy (ADVOCATE)     10 February 2012

objection is nothing but by way of filing protest petition which is just like a private complaint.

If police fails to co-operate  in collecting any evidene, victim/building owner can adduce the evidence of neighbours or of any passers by etc. who witnessed the incident at that time 


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