Sir my fir was not lodged in connection with my application later on I went to court under crpc 155
27-May-2023 (In Criminal Law)
Sir my fir was not lodged in connection with my application later on I went to court under crpc 155 2 but later on Io didn't conduct fair investigation even I submitted affidavits to ssp that was not taken into consideration. So what can be done to get justice
If you feel that the investigation carried out by the investigating officer (IO) is unfair and that has resulted in the filing of a cancellation report by the police, you can approach the Magistrate by filing a protest petition. In the protest petition do explain the shortcomings and lapses in the investigation and point out any evidence that was not taken into consideration by the police. The Magistrate will then consider your protest petition and may order a further investigation or direct the police officer to file a final report (also known as a charge sheet) based on the evidence collected. The Magistrate has the power to direct the police to carry out a fair investigation or to transfer the investigation to another police officer.
However, the court cannot supervise or micro-manage the investigation by the police, and can only order that it be conducted in a fair and impartial manner.
Or, you can choose to altogether quit the investigation route by the police and simply file a criminal complaint before the magistrate under Section 200 CrPC.This will make way for inquiry to commence before the magistrate.
Alternatively, you can next file an application under Section 482 CrPC before the High Court thereby invoking its inherent powers to secure the ends of justice for you by outlining your concerns about the unfair investigation by the police and by quoting specific instances of maltreatment or negligence on the part of the police officer.
You may file a writ petition under Article 226 before the High Court, seeking appropriate directions to the police to carry out a proper investigation in your case.
You can also file a complaint with the State Human Rights Commission or the National Human Rights Commission if you believe that your right to legal remedies has been frustrated.
However, the court cannot supervise or micro-manage the investigation by the police, and can only order that it be conducted in a fair and impartial manner.
Or, you can choose to altogether quit the investigation route by the police and simply file a criminal complaint before the magistrate under Section 200 CrPC.This will make way for inquiry to commence before the magistrate.
Alternatively, you can next file an application under Section 482 CrPC before the High Court thereby invoking its inherent powers to secure the ends of justice for you by outlining your concerns about the unfair investigation by the police and by quoting specific instances of maltreatment or negligence on the part of the police officer.
You may file a writ petition under Article 226 before the High Court, seeking appropriate directions to the police to carry out a proper investigation in your case.
You can also file a complaint with the State Human Rights Commission or the National Human Rights Commission if you believe that your right to legal remedies has been frustrated.
What to do if the police don't investigate?
You can also file a request under Section 156(3) of CrPC if the police does not act. The Magistrate may then order the police to investigate and register the case.
What happens after closure report?
The final report was known as the CrPC in the past. This report is examined by the supervisory officer in accordance with the police procedure. The decision on what to do next will be made based on the results. The prosecutor will then be notified if there is enough evidence. 24 Sept 2023
Is fair investigation a fundamental right?
The court ruled that the right to a fair investigation and trial was a fundamental right for victims as well. The petitioner claimed that Romila Thapar and Ors did not allow the accused to demand that an investigation be conducted by a particular agency. v. Union of India & Ors. v. Union of India & Ors.
For this you have to file protest petition mentioning all things. on this court may order for further investigation by police and file fresh charge sheet based on the investigation. for more brief u may call me in case of need.
You can go for progress report through a court for fair investigation ! You did not tell here whether chargesheet has been submitted or not if its been submitted then go for issuing a summon. Contact me if I can help you in this .
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