Can police file closure report citing absence of complainant?
This comment was posted to reddit on Nov 18, 2022 at 3:17 pm and was deleted within 12 hour(s) and 37 minutes.
Can police file closure report citing absence of complainant?
You can obtain a copy of the full case file with an RTI request.
The police in India are highly corrupt and do whatever they please, usually the wish of the highest briber.
The legal remedy against the closure report is to hire a lawyer, file a protest petition in the Magistrate Court under whose jurisdiction the police station comes under, and wait until the Court orders the case to be reopened.
The victim's 'job' is to record her CrPC 161 / 164 statement, and then come to Court again for her evidence and face cross-examination. This applies to foreigners too. The State Prosecution lawyers conduct the rest of the case (for free), although you can ask for the appointment of your own lawyers as they are usually inefficient.
As you may imagine, this is a long-drawn and tiring process.