• B summary report

In Karnataka. Complaint and FIR under SC/ST Atrocities act and Manual Scavenging (Prohibition & Rehabilitation) act. After investigation, police filed  B Summary Report. Can the court reject the B report ? If yes, what are the consequences ?
Asked 4 years ago in Criminal Law
Religion: Hindu

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19 Answers

Yes, the Court may either accept the B report or can ignore the same and can take cognizance of your case after applying it's own mind independently to the case.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi, the court can under its discretion reject the report , but it will not do so .. Even if it reject the report you can appeal against its order in the appellate court .. What are the charges that is there in the FIR?

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Once B report is filed court will send notice to complainant giving him chance to file objection to B Report. The complainant needs to appoint his own lawyer and file objection to B Report thereafter the court shall continue the case as a private complaint and not as state case whereby sworn statements will be recorded then summons will be issued to accused and the evidence recorded.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hello,

Yes the magistrate can reject the same and can pass an order for further investigation.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Court can reject B summary report and direct Police to carry out further investigations

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

On filing of B Reports, the complainant has to file his objections and then Court call up on the complainant to establish the alleged offences. This question being answered in the capacity of retired judge having practical experience. In your oral and documentary evidence you have to prima facie bring on record the necessary ingredients of alleged offences. Even then if Magistrate accept B Report then you have an opportunity to approach High Court. For more details contact me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You must appoint an advocate to defend the case and challenge the B Report filed by the police department.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Notice would be issued to complainant by the magistrate on the B report submitted by Police

Magistrate would consider objections received from complainant before accepting B summary report

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

If that is all the case is about B Report will be accepted by the Court and the case will be drooped.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Let the court take a call on the B report.

If they accept the same, well and good.

If they don't, you'll have legal recourse to question the Judgement/stand of the court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Yes, the court has every Jurisdiction to quash and reject the B Summary report. The B Summary can be rejected by the Court depending on nature of accusations and substance collected by the Investigating officer. if the B summary is rejected then the IO would have to either re-investigate or he would have to file chargesheet on the collected substance.

Ujwal Rajan Phasate
Advocate, Nagpur
37 Answers
4 Consultations

5.0 on 5.0

Dear Sir,

You seems to be accused in this FIR. B report normally will not be set aside. But you must take permission of the Court to participate in the criminal proceedings before the Magistrate and file your objections to the petition filed by the complainant to set aside the B Report. You must strongly resist the case of the complainant. I will guide you in this regard, if interested please call me or visit my office.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Court is not the investigating agency but the judicial authority to part justice.

2. Ordinarily, Court can not reject any police report unless some gross irregularity is found in the said report and in that case a fresh report after correcting the defects is called from the police by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. If the police has submitted the B-Report without keeping any loophole in it then the Court will not refuse to accept the said B-Report.

2. If there is any defect and inaccuracy found by the Court in the said report then the Court might refuse to accept the said report as authentic and order for submitting a fresh report conducting the investigation properly.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Since police has filed b report chances of he filing objection may arise again to support his case there must be witness. As per your narration these type of case don't hold any ground in courts.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

The B summary report filed by the police before court will be known as final report on the complaint.

The police will submit this report when there is no evidence or prima facie case against the accused, or when false or frivolous complaint has been lodged, or when a magistrate considers the case as maliciously false; will lead to acquittal of the accused upon acceptance of court.

Generally the court may not reject the final report, if it rejects then it may order for re-investigation or a notice would be issued to the defacto complainant to seek its objection and explanation.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

I am the accused no.1. The complainants, contract workers belonging to SC, allege that we (me and two others in our office - all retired now) of upper caste, had forced them to clean the office and hostel toilets manually, which is a frivolous accusation. That's why police have submitted a B Report.

The court would accept the report and acquit you all.

Dont worry about that

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

The magistrate might have rejected the same for the reason that there was some flaw in investigation.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes court can reject the said report and proceed with the trial then you need to face the trial and contest teh case.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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