Adequate,
exhaustive, proper and impartial investigation is key prerequisite to prove
allegation against the criminals and to bring them before justice. A neutral investigation can ensure the case
to stand on a strong footing while a biased investigation report influenced by
the alleged offenders can divert the fate of the case.
Generally
in criminal cases state becomes a party of the case to punish the perpetrators
and police is the sole agency to conduct investigation regarding the suspected
fact. Hence the duty of the police to carry out a fair and independent
investigation is crucial to determine the case.
Albeit
it is true that police has not sufficiently equipped, there is lack of
resources, man power and infrastructure, scarcity of technology etc. In
addition, Investigating Officer (IO) does not get enough time to accomplish an
efficient investigation due to pressure of work. However, at the same time no
one will deny that some police are reluctant to expense their merit,
dedication, integrity and efficiency to find out the real incident.
Moreover,
it is an aged allegation that police are often influenced by the offenders to
submit their investigation report. In that case criminals influenced the IO politically,
socially or even through illegal transaction. As a result police submit final
report to acquit the alleged before the learned court which indicates that
there is no such incident or the alleged person is not involved with the occurrence
or there is no ground to charge or the prima facie of the case is not
established during his/her investigation.
However,
it is a statutory obligation of the police to start investigation immediately
after lodging First Information Report (FIR) by an informant or after getting
order from the concerned magistrate for free of cost and the IO is bound to
finish the investigation within the stipulated time. Nonetheless, there is a
scope to extend the time limit by taking prior approval from the court.
What
is police report? The report submitted by the police after
concluding an investigation regarding an alleged offence is police report.
Police has power to submit either charge sheet if the offence has been proved
primarily during the investigation or can submit final report by showing no
sufficient cause to bring action. Nevertheless, the magistrate is not bound to
take the IO submitted final report.
Hence,
you have no reason to feel helpless after filing final report by the police.
Law will provide shelter to you in that circumstance and you can file a naraji
(not agree) petition to the magistrate against such final report.
How
to file a Naraji Petition: If you have sufficient
reason to believe that the IO was bias towards the perpetrators or he/she does
not finish his/her duty efficiently then you can file an application on white
paper stating the reasons behind your believe and provide evidence regarding
this (if any) to reject the submitted final report and to conduct the
investigation impartially again. That mean the petitioner is not satisfied with
the police report and he/she is not agreeing to accept the report. In that case
the appellant can apply for further or new investigation.
Consequence
of taking cognizance of Naraji petition: After
taking such a petition the magistrate will hear the statements of the accused
and the IO about the alleged incident. The concerned magistrate will also
scrutiny all relevant documents and files including case diary maintained by
the IO.
If
the appellant is being able to satisfy the magistrate that the submitted final
report is an influential one then the magistrate can direct the IO to perform
further investigation or even can order to conduct reinvestigation from very
beginning. Alternatively, he/she can order to alter the IO if it is proved that
he/she was negligent while performing his/her legal duty. Even the court can
recommend to insert his/her inefficiency to his/her annual confidential report
or can propose to take departmental action against him/her to his/her concern
department.
After
analyzing everything if the magistrate thinks that charge sheet will be proper
to ensure justice instead of final report and after considering the gravity of
the offence he/she can pass an order to take the application as complaint
petition and registered the matter as complaint registered case and order to
conduct such necessary investigation to the police.
Further,
the magistrate can order the officer in charge of the concern police station to
take the matter as a FIR and start a new investigation. Apart from these, the magistrate can arrange
independent judicial inquiry by himself/herself or by his/her subordinate
judicial officer to find out the truth after taking oath of the petitioner.
He/she can also involve local people to conduct that inquiry.
After confirming about the commission of the
matter the magistrate can serve summons to the accused to appear before him/her
to defend the allegation or alternatively the court may issue warrant to
arrest.
Moreover, if he/she thinks that a name can be inserted into the submitted charge
sheet or a vital name has not been mentioned in that charge sheet then he/she
can order to investigate the matter further. However, after insertion of a name
an IO cannot apply for deleting such name from the charge sheet.
Relief
against dismissal: After hearing both the parties and
considering all the materials and documents if the magistrate believes that
there is no reason to proceed further on the basis of such naraji
petition then he/she can dismiss the petition and can determine the matter at
that stage on the basis of police submitted final report. However, an aggrieved
can file revision application before the court of sessions judge/the High Court
Division within sixty days from the date of such dismissal to set aside the
decision.
Otherwise,
if the magistrate discharges the culprits from the trial by avoiding the
petition, then the applicant can file a new complaint case to a competent
magistrate or can lodge a new FIR one the same matter to the concern police
station.
Caution:
If
it is proved before the court that someone filed a naraji petition on
the basis of false, fabricated and vexatious ground or filed that application
merely to harass his/her opposite party then the magistrate can take legal
action against the petitioner. Hence, to file a naraji petition you must
confirm the matter and do not forget to produce essential evidence to establish
your claim before the court.
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