Request to the SP to initiate a complaint under section 182 IPC(BNS 217). Kindly answer each question specifically
Oct 06, 2026
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Criminal Law
► A false complaint provided to the investigating officer is closed stating lack of evidence. The falsely accused has the report(obtained through RTI) that the complaint is closed due to lack of evidence. The falsely accused has the call recordings that prove that the complaint was false and was intended to harass and cause mental injury to the falsely accused. Here are the questions:
1) Can the falsely accused request the SP to initiate a complaint against the false complainant under BNS 217 or the request has to be made only to the investigating officer to whom the false complaint was made?
2) Is it necessary for the falsely accused to prove to the investigating officer/SP that the complaint is false beyond doubt while requesting them to initiate a complaint under BNS 217?
3) Once the investigating officer/SP writes a letter/complaint to the magistrate, will there be any further investigation by the investigating officer/SP or the proceedings shall be handled in the court by the APP?
4) If the there is further investigation(refer to question 3), how can the falsely accused ensure that the invesigation is handled by the office of the SP and not the original investigating officer of the police station due to the reasons of local bias involved?
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