The moment you say that the police had charge sheeted the case, it becomes a case instituted on a police report, even if the initial complaint was given by a private person. In fact, for that matter, in most of the cases, the initial complaint is given by private persons, and it is very rare that an FIR is registered on the basis of a complaint given by a police officer.
Moreover, the expression “police report” used in Section 238 Cr.P.C. refers to the “Report of police officer on completion of investigation” as mentioned in the heading of Section 173 Cr.P.C., which implies charge sheet.
Therefore, the case against you will be considered as a case instituted on a police report. Accordingly, procedure mentioned in Section 238 Cr.P.C. onwards will be adopted.
This trial will be conducted by the Magistrate court (which may also be Chief Judicial Magistrate), and NOT by the Sessions Court.
[Note: It is pertinent to point out that in Chapter 19 of the Criminal Procedure Code, Part A starting with Section 238 is for trial of “Cases instituted on a police report”. On the other hand, Part B starting with Section 244 is for trial of “Cases instituted otherwise than on police report”, i.e., for private complaints. And, Part C starting with Section 248 common to both these categories.]
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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