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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

Answers (3)

Answer #1
773 votes
Section 80 of the haryana police act talks about the offence UNDER THE ACT i.e. Haryana Police Act which are mentioned in chapter IX and not about ANY OTHER LAW. 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.
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Advocate Amit Kumar

Adv. Amit Kumar

LawRato Gurgaon / Gurugram | 5+ Answers
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Answer #2
831 votes
kindly make a note u have to show my your case file as your case is pending and subjudice. 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
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Advocate Harish Malhotra

Adv. Harish Malhotra

LawRatoGurgaon / Gurugram | 5+ Answers
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Answer #3
1000 votes
There is no bar to Magistrate Taking cognizance of offense under Section 200 CrpC, issuing process & Summons and accordingly send case for Trial by Sessions court (In case of sessions Trial). AS far as Section 80 of HAryana Police act is concerned it relates to offenses contemplated under Police Act 2007 only and not otherwise. Section - 80. No court shall take cognizance of any offence under this Act when the accused person is a police officer except on a report in writing of the facts constituting such 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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Advocate Vivek Nasa

Adv. Vivek Nasa

LawRatoGurgaon / Gurugram | 5+ Answers
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