Query regarding case procedure

938 votes

Police ka ye kehna ki matter sub-judice hai, kanoonan galat hai. Aapke khilaf jo chargesheet file hui hai wo ek alag ghatna hai, aur CCTV me jo offence complainant dwara FIR ke 20 din baad kiya gaya hai, wo ek *alag, naya aur swatantra apradh* hai. Sub-judice ka matlab ye nahi ki naya apradh ka case darj nahi ho sakta. Aapko 2 tareeke se kaam karna chahiye: *1. Same Magistrate ke samne Application:* Kyunki CCTV footage Court se aayi hai, aap usi Court me CrPC ki dhara 200 (ab BNSS 223) ke tahat Private Complaint aur dhara 340 CrPC ke tahat jhoothe sakshya / alag offence ki application laga sakte hain. Court us footage ka sangyan lekar complainant ke khilaf naya case chala sakti hai. *2. Nayi FIR ke liye:* Ye ghatna FIR ke 20 din baad ki hai, isliye ye same transaction ka hissa nahi hai. Aap SP ko likhit shikayat dekar BNSS ki dhara 175(3) [purani 156(3)] ke tahat Magistrate se alag FIR ka aadesh le sakte hain. Court se mili footage certified evidence hai, isliye uski admissibility par sawal nahi uthega. Aap us footage ko pen drive me lekar apni complaint ke saath lagayein.

Advocate Anchal LawRato

587 votes

Now you should file a complaint case. Since police is not taking action and alg cause of action hai aapke paas. Yaha matter subjudice hone waali baat nhi hai. You need to show me exact facts jisse I will be able to help you better and further.

Advocate Kanav Gupta LawRato

873 votes

You should file a petition u/s 175(3) BNSS along with complaint case u/s 223, BNSS before magistrate to lodge a cross FIR against the accused persons and present that video footage as evidence. Police probably won't take an action, but the magistrate can direct the police to lodge your cross FIR based on your petition. You need to act quickly before it is too late.

Advocate Puneet Srivastava LawRato

874 votes

based on the CCTV footage you must file a complaint with the police it is common that the police would not take any action on the offences committed by the complainant in such a scenario you must file a criminal complaint in the court of magistrate itself and pursue the case as a cross complaint

Advocate Kunal Seth LawRato

668 votes

Based on the facts stated by you, the police cannot simply reject your complaint by saying that the matter is “sub judice” merely because the CCTV footage was produced before the Court. The important question is whether the CCTV discloses a separate offence or additional facts forming part of the same transaction. Since the charge-sheet was filed about three years ago and the CCTV footage is now available before the Court, your first step should be to place a specific written complaint before the SHO/Investigating Officer and, if necessary, the senior police officer, identifying the exact acts visible in the footage, the date and time of those acts and the particular offences allegedly committed. If the police consider that the footage relates to the same transaction already investigated, the more appropriate course may be further investigation and a supplementary report, rather than registration of a second FIR. Under Section 193(9) BNSS, further investigation is expressly permissible even after the police report has been filed; where the trial is already underway, permission of the trial court is required. � IndiaCode by eCourtsIndia +1 You should therefore not insist mechanically on a “fresh FIR” without examining the nature of the offence shown in the CCTV. The Supreme Court has repeatedly held that a second FIR concerning the same occurrence/transaction is generally impermissible, while a genuinely distinct offence or a permissible counter-case can stand on a different footing. � Sci API +1 If the CCTV shows that the complainant herself committed a separate cognizable offence, you can certainly bring that material to the notice of the police. If the police refuse to take appropriate action, you may approach the jurisdictional Magistrate seeking appropriate directions for investigation under the BNSS. Section 175(3) BNSS provides for a Magistrate's power to order investigation after considering the prescribed application and the police response. � CyTrain There is also a separate procedural route before the trial court itself. Since the CCTV is already part of the judicial record, you can move an appropriate application seeking preservation/consideration of the footage and, depending upon the stage of the proceedings and the nature of the offence disclosed, seeking directions for further investigation or other appropriate action. The fact that the evidence came through the Court does not give the police a blanket ground to ignore an otherwise cognizable offence. I would recommend that you do not make a vague complaint stating merely that “the CCTV shows offences.” Prepare a precise chronology and identify exactly what the complainant is seen doing, the relevant timestamp, the corresponding offence and how that conduct is different from the allegations already investigated in your FIR. Also obtain a certified copy/order showing how the CCTV footage was brought on record and preserve the original/certified electronic record so that its authenticity is not subsequently disputed.

Advocate Yuganshu Sharma LawRato