On negative IO report 4m Police Stn on 202 Cr pc enquiry, complainant should submit protest petition with police as respondent or original accused in the criminal defamation case
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The complainant may file a petition protesting the report submitted by the IO in this regard, if he is dissatisfied with the report filed and would desire to re-investigate the same under section 173(8) cr.p.c.
As per law:
Section 200 Cr.P.C. deals with examination of complainant and Section 204 Cr.P.C. empowers a Magistrate to issue summon or warrants as the case may be to secure tendency of an accused if in the opinion of Magistrate, there is sufficient ground to proceed and take cognizance of offence.
If Magistrate finds that police has not made proper investigation and submitted final report then the following recourse is available to the concerned Magistrate. He may adopt any one of them as the fact and circumstances of the case may require.
I. He may agree with the conclusion arrived at by the police, accept the report and drop the proceedings but before so doing, he shall give opportunity of hearing to the complainant.
II. He may take cognizance under Section 190(1)(b) of Cr.P.C. and issue process straightaway to the accused without being bound by the conclusion of the Investigating Agency where he is satisfied upon the facts discovered or narrated by the police, there is sufficient ground to proceed.
III. He may order further investigation after he is satisfied that investigation was made in perfunctory manner.
IV. Or he may without issuing process or dropping the proceedings may decide to take cognizance under Section 190(1)(a) upon the original complaint or protest petition treating the same as a complaint and proceed to examine the complainant and his witnesses under Section 200 Cr.P.C. and thereafter decide whether complaint should be dismissed or process should be issued.
Learned Apex Court in Tularam versus Kishore Singh Air 1970 Supreme held that Magistrate can ignore the final report submitted by police including conclusion and take cognizance of case under Section 190(1) on the basis of material collected during investigation and issue process or in the alternative he may take cognizance of original complaint and examine the complainant and his witness and thereafter issue process to accuse if he is of opinion that case should be proceeded with.
