Complaint to Magistrate under section 200 without Witness
2 years ago
Theft of trees occurred. SHO complaint and followed by SP complaint made.
Evidence: Photos of the stolen tree existed in the past and the existing photo which shows the tree is not there.
Persons who have stolen the trees threatening the witness not to give any witness. The accused also has local influence so that the Inspector of police has not registered the FIR.
I am aware that we can file the petition to the magistrate without evidence on PETITION UNDER SECTION 156(3) OF CRPC READ WITH SECTION 190 OF THE CRIMINAL PROCEDURE to make order investigate into the crime and register FIR.
However, if I want magistrate to investigate the complaint by the court, I need witness as per law. However, the witness has been threatened by the accused. In that case, is there any way, I can conduct the case with photo evidence without witness required by law. If I submit the complaint to magistrate to take the case without mentioning witness, they may not accept the case to be numbered. Please advise.
If you've been the victim of a crime and believe you're being harassed or intimidated because you reported it, call the cops. In addition to the sections listed above, Section 26 of the Indian Forest Act of 1927 can be utilized in situations when tree felling is banned. In addition, there is no witness tampering or corroboration allowed in the Indian laws.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
If you're a victim of a crime and you feel you're being harassed or intimidated because you reported the crime, let the police know. In addition to the above sections, Section 26 in The Indian Forest Act, 1927 can be used in the given context where the felling of trees is prohibited. Furthermore, witness tampering or corroboration is not allowed in the
Thank you.
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