Remedy for unsatisfactory investigation by police under Section 156(3) CRPC

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 4 months, 1 week ago.

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  • #1743

    Anonymous
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    A filed complaint with police. They do not register FIR since they are in favour of accused. A goes to magistrate and gets order to police to investigate under Section 156(3) CRPC. The police is not conducting investigation properly and they are merely doing the ritual. What is remedy for A in such a case if police does not do anything against the accused?

  • #1749

    Once the FIR is registered and investigation started by police, even though under the directions of the court under Section 156(3) of Criminal Procedure Code, it is the legal responsibility of the police to complete the investigation in accordance with law. Police cannot take it lightly. On completion of investigation, police is required to submit a report to the court, and if the report is not satisfactory, you can file your objections to that. If the court is satisfied with the investigation of the police recommending closure of the case, then only the court will close it. Otherwise, there can either be further investigation or the court can directly take cognizance of the offence even if the police did not find any evidence in support of the offence.

    Therefore, you must have some patience. Meanwhile, give whatever relevant evidence you have, to the police during the investigation process. Cooperate with the police during investigation. And, still if you are not satisfied with the report submitted by police to the court on completion of investigation, file your objections thereto and point out the defects to the court, and then let the court decide on those issues. In fact, you can even file a revision petition before the next higher court against the decision of the court on the police report, if you are not satisfied with the decision of the court.

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