Legal Question in Criminal Law in India
a false 498a,306,3&4 of the dowry prohibition act was filed in uttar pradesh by my wife. The police after investigation have filed a FR with the CJM.
Now under pressure from my in laws can the police withdraw the FR from the court under the pretext of reinvestigation.
is the magistrate bound to accept the withdrawal of the FR or can he reject the same...
Asked on 8/23/10, 7:16 pm
2 Answers from Attorneys
Vishwa Arya
Arya & Co.
the magistrate is not bound to accept the FR. In case of FR, the notice is to be issued to the complainant and the complainant may file its protest. In such case, the magistrate may order further investigation.
Answered on 8/23/10, 7:19 pm
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
The Magistrate is entitled to take his own independent decision, including rejection of police report and summoning of the accused to face trial.
Answered on 8/27/10, 10:07 am
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