With regard to your statement “judge who says that she wont allow file to be taken outside the court”, you have to ask the Magistrate or your advocate what was meant by this and in what context the above statement was made by the Magistrate.
When a closure report is filed by police in a criminal case, there are basically three options before the Magistrate:
- Accept the police report and close the case.
- Ask the police for further investigation.
- Reject the police report and directly take cognizance of the case and proceed with trial.
Depending on facts of the case, at the time of your filing and arguing your protest petition, you’ve to take a call whether you want to request for further investigation or you want the court to proceed with the trial if you can convince the Magistrate to reject the police report. You can also get the case converted into a private complaint case in which situation you will have to conduct the prosecution yourself (of course, you can engage a private advocate for this purpose).
This is your decision, in consultation with your local lawyer who would have seen the detailed papers of the case. In the absence of having seen the detailed papers, it is not possible for me to give any advice on this specific issue. But, I have outlined the options broadly, which are available to you.
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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