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False ATR by police will magistrate give the judgment on that basis
27-May-2023 (In Criminal Law)
I have registered a case in court for, 156 (3) crpc as police not registered my FIR. Court ordered the police to submit ATR. Police investigated the case but submitted false ATR in the court. My question is ... Will magistrate give the judgment on the basis of ATR or magistrate will give a chance to me to ask enquire about the points written in ATR. Will there be cross questioning about the matter with police and me infront of magistrate on next hearing ? Or magistrate simply dipossed the case after seeing the ATR without asking anything to me.?
Hi,
Please note that what all rights are available to you depend upon the stage at which your litigation at. from the set of facts as given by you, it appears that the case is at initial stage and its likely that the police is yet to file either a closure report or chargesheet, whereafter you shall have the right to contest the same. It is advised that you seek consultation for a more detailed and appropriate advise.
Please note that what all rights are available to you depend upon the stage at which your litigation at. from the set of facts as given by you, it appears that the case is at initial stage and its likely that the police is yet to file either a closure report or chargesheet, whereafter you shall have the right to contest the same. It is advised that you seek consultation for a more detailed and appropriate advise.
Helpful?
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Adv. Puneet Kumar Agarwal
Delhi | 100+ Answers
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yes as per your..question.on falsecase police as well court can not.take wrong decision if your case not.registerd u police and the court filed a report as per criminal procedures code and even if you are not satisfied you can go in appeal. against.that order generally magistrate not ask the police to file false case still.you Amy grievances you can file a.report.status with any.lawyers for second opinion we are available for the same
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Adv. Rajendra Sharma
Delhi | 200+ Answers
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If the Air does not disclose any cognizable offense. MM will dismissed your complaint and after that you will be put to examination before the court. At that time you can reveal all facts and circumstances. Revert me for any other query.
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Adv. Hemanshu Saha
Delhi | 25+ Answers
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No it is not like as you are thinking .
Atr is called by the magistrate to know the status of preliminary inquiry if any conducted by the police official in the matter in hand but it is not the sole criteria or basis to decide your application. On the next date of hearing you will be having every opportunity to argue
your case and show the contradiction of atr.
Atr is called by the magistrate to know the status of preliminary inquiry if any conducted by the police official in the matter in hand but it is not the sole criteria or basis to decide your application. On the next date of hearing you will be having every opportunity to argue
your case and show the contradiction of atr.
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Adv. Manish Kumar Singh
Delhi | 25+ Answers
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If you submitted specific allegations against the accused and the police officials are ignoring the facts given by you, the at the time of arguments you can point out those facts. It depends upon the seriousness of the allegations and supported documents being submitted by you in your complaint, which will enable the Magistrate concerned to take the decision.
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Adv. Brijinder Khurana
Delhi | 100+ Answers
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