Complaint against police man case still pending since 20 years

We had filed the private complaint case (for Section 307 charges), against few corrupt police men. The complaint is still in the Magistrate Court for last 20 years and charges are still to be framed against those policeman. But it’s struck due to some complications in the case because of below clause: "CODE OF CRIMINAL PROCEDURE 1973 V/S SECTION 202(2) PROVISION, if the complaint triable by court sessions" Please let me know how we can counter this clause with any other Law or any Court Law or something which can be used if we are not able to produce all the witness from the witness list.

Answers (1)

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Section 202of CrPC provides that :202. Postponement of issue of process.
(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made,--
(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or
(b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.
(2) In an inquiry under sub- section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
(3) If an investigation under sub- section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer- in- charge of a police station except the power to arrest without warrant.                                                           Therefore the magistrate has power to postpone the issue, direct the the investigation to be carried of by the police officer and the for the investigation to be carried out, the magistrate can examine witnesses of the complainant under oath.

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