Can a judge reject the final report submitted by police
20-Apr-2023 (In Criminal Law)
My wife filed a false dowry case on me. Police has filed final report in the court stating that no crime occurred. I just want to ask:- 1. Does the lower court has power to reject this report by its own or the only way is when opposite party files protest petition. 2. If opposite party files protest petition, Judge can use his discretion or solid proof will be required to reopen the case and begin the trial. They dont have any solid proof as the case is fake. What should I do next. Wait for protest petition or can do something myself to get it closed asap?
1- he may reject the final report filed by I.O.
2- he may directly summon the accused persons on the basis of the material collected by the investigating officer.
3- he may reject the final report and direct the I.O. to investigate further, and lastly
4- he may issue notice to informant/complainant.
As far as strong proof is require, it has no play when the magistrate has to take cognizance and summon the accused because at this stage he has to see only whether the prima-facie case is made out against the accused to proceed or not.
And now your last query-
At this juncture you don't have any locus to appear or intervene in the proceedings.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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