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Who's responsibility to summon & prosecute after police investigation
17-Oct-2025 (In Criminal Law)
After I file private compliant in Metropolitan court, I got judge order for police investigation. If police find valid offense and charges, is it police obligation to summon & prosecute accused or is it still my responsibility to prosecute?
Once the Magistrate has directed a police investigation under Section 156(3) CrPC, and the police find a valid offence, it becomes the duty of the police to register an FIR, investigate, and prosecute the accused. The State (through the police/prosecution) takes over the case. You do not have to personally prosecute, though you may assist the prosecution if needed.
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Once the Metropolitan Magistrate directs the police to investigate under Section 156(3) Cr.P.C., the matter is treated as a regular police case. If during investigation the police find a cognizable offence made out, they are duty-bound to register FIR, investigate, and submit their report (chargesheet or final report) before the court.
Thereafter, it becomes the responsibility of the State (through the public prosecutor) to prosecute the accused, not yours personally.
However, if the police file a closure report or do not find sufficient evidence, you may file a protest petition before the Magistrate to seek further investigation or to pursue the complaint as a private complaint under Sections 200–202 Cr.P.C.
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Adv. Ashwin Garg
Adv. Ashwin Garg
Delhi | 25+ Answers
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Dear Sir,
it seems that in your private complaint, you must have raised valid and tangible prima facie material which must have shook the conscience of the court and police investigation has ordered. Now, it is ultimately for police to investigate and give thair final dossier in court. Nothing much is left at your options. Wait and watch the police action with alacrity. Be very wary.
Thanks
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Adv. CM Sharma
Adv. CM Sharma
Delhi | 25+ Answers
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When a magistrate orders an investigation under Section 156(3) CrPC on your private complaint, the case transitions into a police-led process governed by Sections 156 and 173 of the Code of Criminal Procedure. Once the order is issued and the police register a case (FIR), the responsibility of investigation, summoning, and prosecution moves primarily to the State machinery rather than the private complainant.
Police Obligations After Investigation Order
After receiving the magistrate’s direction, the police are legally bound to:
Register an FIR for the cognizable offence and investigate all related facts and evidence.​
On completion, submit a final report (chargesheet) under Section 173(2) CrPC to the magistrate. This report includes evidence, witness statements, and conclusions about whether the offence is made out.​
If the evidence supports prosecution, the magistrate takes cognizance of the offence under Section 190(1)(b) CrPC based on that police report, and the State (Public Prosecutor) becomes responsible for prosecuting the accused in court.​
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Adv. Shreya Kapoor
Adv. Shreya Kapoor
Delhi | 25+ Answers
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Please clarify your question , did magistrated ordered to register FIR or then invetigate the matter. if so it is duty of Police to register FIR and then investigate the matter. For more clarification and discussion please connect with me
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Adv. Anuj Ranjan
Adv. Anuj Ranjan
Delhi | 50+ Answers
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