Nazia Amin
A complainant is permitted to file Naraji Petition, if aggrieved by the decision of acquittal of criminal by Magistrate. The primary step of collecting evidence of a criminal case is to investigate the case. After investigation, the police officer having authority to investigate shall submit police report on the basis of collected information. This police report is of two kinds – Charge Sheet and Final Report. The concepts of these two kinds of police reports are different from each other. If it appears from the result of investigation that the person accused is guilty of the offence, then police officer shall submit charge sheet to the Magistrate. But if the person alleged is not guilty in accordance to the investigation, the police officer shall submit final report. The Magistrate shall pass order of acquittal to the accused person upon submission of final report.
The complainant of the criminal case may become aggrieved by the order of acquittal. He may want continuance of the proceeding of criminal case. In such situation, he can file Naraji Petition. The concept of Naraji Petition is that the complainant does not agree with the fact that the person against whom complaint is made is actually innocent. In other words, it can be said that the complainant does not agree with the final report.
Magistrate shall deal with the Naraji Petition in such way as if it is a fresh complaint filed to him by the complainant. So, he shall order the police for further investigation of the offence and can take cognizance of such offence. What generally happens in complaint under section 190 of The Code of Criminal Procedure is that the Magistrate orally examines the complainant under section 200 of the said Act, if it is an oral complaint. So, the same is allowed to happen in case of Naraji Petition. Magistrate can also directly take cognizance of the offence after the complaint made following the provisions of section 190(1)(a). A point about the role of Magistrate in case of final report is that the Magistrate is not bound to accept the final report from the police officer. He may take cognizance of the offence on his own will in spite of having final report and may order for more investigation.
It is not obvious that the complainant shall always be successful to continue the case just after filing of Naraji Petition. Magistrate may reject the petition and stick into the decision of acquittal. In such circumstance, complainant can either file a fresh complaint on the same matter or can file revisional application to the Court of Session.
The matter of Naraji Petition is very much important to establish justice in the society. It is the option by victim or person aware of any criminal offence can request the Court to run the case and scrutinize the matter.
Nazia Amin, Lawyer and writer, Email- aminnazia@gmail.com
