What legal remedies does a person have when he is not satisfied with police charge sheet?

ISSUES WITH A COMMON MAN Out of numerous of issues which a common man face in his life, one of the grave and complicated issue which he must...

ISSUES WITH A COMMON MAN

Out of numerous of issues which a common man face in his life, one of the grave and complicated issue which he must not face in his life but he might face is that an offence is committed against him, he filed an FIR (FIRST INFORMATION REPORT) in his local police station, Police investigated his case and at the end police files its charge sheet that no such offence is committed against that person. 

What will that person do? What all legal remedies are available with him? Is there someone who will listen to him or he has to just satisfy with what the police has decided in their investigation? 

Let's find answers to all of such questions.

WHAT IS A CHARGESHEET?

Whenever an offence is committed against a person, the first thing he will do or any other person on his behalf will do is to straightaway go to the police station and will register an FIR against the accused, provision related to the filing of this information is provided under SECTION 154 of CODE OF CRIMINAL PROCEDURE,1973 (click to read the section). According to this section if a person gives information to a police officer regarding the commission of a COGNIZABLE OFFENCE (an offence in which police can arrest without a warrant) then in such case officer in charge of the police station is bound to register the FIR regarding such offence.

The second step which will come is that Police will move to the spot of the offence to investigate the case, will record statements of the witnesses, may also arrest the accused against which the information is filed if it falls under the provision of CRPC. 

When police will complete its investigation related to the offence, it has to file a report, in legal terms it is known as POLICE REPORT, which is filed U/S 173(2) of CRPC and in common language we say is a chargesheet. 

This police report is submitted to the Magistrate who is empowered to try the case.

SECTION 173(2) CRPC says that : (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating-

(a) the names of the parties;

(b) the nature of the information;

(c) the names of the persons who appear to be acquainted with the circumstances of the case;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been arrested;

(f) whether he has been released on his bond and, if so, weather with or without sureties;

(g) whether he has been forwarded in custody under section 170.

(ii) The officer shall also communicate, In such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.

Now, there are two possibilities that may happen when the charge sheet is filed to the magistrate.

FIRST: Police has stated in the report that an offence has been committed against the victim of the offence and the magistrate may start the trial.

SECOND: Police states in the charge sheet that, no such offence has been committed, no evidence is available to corroborate that any such offence is committed and hence we are filing this closure report to shut the case.

The problem arises when police file the closure report as mentioned in the SECOND case.

Here the clash between Police and Victim of offence will begin because if an offence is committed against the victim, despite that police has said that no evidence is there or no case is made out of the information received by the police, then it will be a failure of the legal system and an injustice to the common person.

WHAT REMEDIES ARE AVAILABLE AGAINST THE POLICE THEN?

If any person is a victim of an offence and faces the above-mentioned issue, then the best remedy available with him is to file a PROTEST PETITION against the charge sheet filed by the police with which the person is not satisfied.

PROTEST PETITION- It is a petition which is to be filed by a person, who is not satisfied with the police charge sheet. The petition is to be filed to the Magistrate who is empowered to conduct a trial of a case or in whose local jurisdiction the offence has been committed. Such term is not mentioned in any law but is a concept that is judicially evolved to protect the rights of the victims. In simple terms, it is just a complaint made to the magistrate against the investigation of the police.

What to be mentioned in the protest petition?

If a protest petition is filed by a person then he has to give particulars regarding the offence which is committed against him. He has to mention at which points or part of the investigation he is not satisfied. He has to mention all witnesses or evidence which a police officer rejected to take into account.

As this term is nowhere defined in law, so there is no particular format in which it has to be filed.

WHAT WILL HAPPEN THEN?

When a protest petition is filed to the magistrate Three things can happen: 

1. He may direct the Police to investigate the case U/S 156(3) of CRPC. (click to read section)

2. He may take that petition as a complaint U/S 200 of CRPC (click to read) and may inquire into the case himself.

3.He may reject the protest petition if he finds no reasonable ground to accept it.

If the magistrate follows the first option, then again police will have to investigate the case and look into the matter carefully.

If the magistrate follows the second option, then the magistrate will himself take the statement of the person who made the complaint and will also take statements of witnesses that the person wants to produce. In this case, the trial of the case will be as per cognizance taken by the magistrate on the complaint and not on the basis of the Police report, which means the charge sheet which the police had filed will be of no relevance now.

REMEDIES IF FALSE FIR IS FILED AGAINST A PERSON

If an FIR is filed against a person and the police have investigated the case, police filed the charge sheet and concluded that no such offence is committed by the person against whom an FIR was filed. What remedies are available with that person?

SECTION 181 IPC: Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant-

   (a) To do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

    (b) To use the lawful power of such public servant to the injury or annoyance of any person, 

shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

So, if Police finds that no such offence is committed and the information given against a person was false, then the police may complain to the magistrate regarding such offence and the trial will begin against the person who filed the false FIR.

NOTE: A person cannot file a complaint against the person who filed a false FIR against him, it is only the police who can complain to the magistrate. (SECTION 195 CRPC)

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THANK YOU

Nikhil Tak ( Delhi University, Campus Law Centre).