private complaint against police officer. Is it maintainable or not?
16-Oct-2023 (In Criminal Law)
Sir,according to haryana police act 2007 ,No court shall take cognizance of any offence under act 80 ,when the accused is a police officer except on report by the officer authorized by state govt.But a court has taken a private complaint of murder against me.My question is if the judge is himself violating the law then whom to approach.This matter is in session court.Can this act of police laws become basis for the cancellation of this case
The section doesn't talk about offences under ANY OTHER LAW OR INDIAN PENAL CODE etc.
So the magistrate is well within his jurisdiction to entertain the conplaint.
Second FIR Supreme Court
Second complaint on same facts not maintainable
Two FIR for same offence
Multiple complaints
Multiple FIRs against same person in different states
crpc does not bar second complaint if first complaint not disposed of on merits, supreme court
Multiple FIR meaning
there are judgements by which sanction of prosecution is not required in prosecuting public servants in certain cases.
since your facts are to clear its not possible to give you detailed reply on this issue.
but public servants can be prosecuted
offence by, or with the previous sanction of an officer authorized by the State Government in this behalf. See the words "UNDER THIS ACT", so in case compliant u/s 300/302 against you, Section 80 of Haryana Police Act may not help you. SO i don't think judge is as fault but you are wrongly interpreting law in your favour. There may be other technical flaws which you may utilize in your favour. In case you have any more questions, feel free to contact me.
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