• Inordinate delay in acceptance of B Report

I am an accused in a false molestation case. The charge sheet has been file n matter us befor HC for quashing.

The original complainant had filed another FIR against 2 other Society members accusing them of molesting her.

The police investigated that complaint and filed a B summary report.

That report has neither been accepted nor rejected for over 2 years

My questions are:

1. Is there a remedy for such delay
2 as an interested 3rd party can i intervene in any way? As the decision in tge B report has a direct bearing on my matter
Asked 6 years ago in Criminal Law
Religion: Hindu

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11 Answers

B Summary Case

where the Magistrate classifies the case as maliciously false When there is no evidence or prima facie case against the accused applicable, when false or frivolous cases are filed a B Summary Report is filed by the Police in such a matter. Usually a final report will lead to acquittal of the accused, upon acceptance by the Court the police have to become the complainant and register a case against the original complainant, stating that he had complained to the police with malicious intent. 

You need intervention before.  Now you can only file protest petition in the same. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. You have no locus to intervene.

2. If the B summary report has neither been accepted nor rejected then it is for the accused to approach the High Court through a petition to expedite the proceedings before the court below.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. the accused person can approach the High Court for directing the trial Court to  dispose of the B report

2. if you are interested you can intervene, but only if you are REALLY interested, 

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. Remedies accrue only when there is a right. You are a stranger to lis in the case, hence no right and consequently no remedy either.

2. Since the complainant is same in both cases you can, if the accused is acquitted in the other case, obtain the certified copy of the final judgment of the court and bring it on record in your case to prove that she is habitual of making such false allegations.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can rely on that report but can initiate proceedings in that case being no locus in the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. The accused can approach the magistrate on the court and can request for taking steps if he fails, a petition in hc can be filed to expedite the case.

2. See in criminal matter as third party you cannot do anything at this stage. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See firstly for both matter there will be seperate investigation and seperate evidence so even though case is of same nature both cannot be equidated and in this case you cannot take any step. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1)B Summary Report is filed by the Police in such a matter. Usually a final report. Will lead to acquittal of the accused, upon acceptance by the Court.

2) approach high court filed to expedite the case.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1.  The remedy for that is to approach high court with a petition under section 482 either for quash of the charge sheet or to direct the trial court for an expeditious disposal of the pending B report before it.

2.What intervention? You have already approached high court with a quash petition what else remedy you want?

You are an accused in the case and the police have filed a B report which is in your favor, then where is the question of intervention by you in this?

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Since your matter is already pending before high court, you may add in the arguments about the B report filed by the police in this matter to close the complaint since there is no truth in the complaint.

Your advocate can include all such issues while making a final argument before high court in the quash petition

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client 

  1. Yes the remedy is available the accused can approach High court Under section 482 CrPC for order lower court to dispose The Report and quashing of FIR
  2. The third party cannot intervene in an FIR as there is no interest of third party in court proceedings.
  3. You can get the certified copy of order and place it on record in your case to prove in court that the complainant is habitual in leveling false cases.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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