Can I submit SP report to Magistrate as evidence?
My case under Section 175(3) BNSS was admitted in the Magistrate Court in July 2024. On the second hearing, the Magistrate asked for a report under Section 202 from the concerned police station. Since then, despite nine hearings (the last on 25-07-2025), the police have not submitted the report. On the 7th hearing, the Magistrate issued a Red Ink Note (warning) to the SHO. The SHO appeared during the 8th hearing but still failed to present the report, which is required for the Magistrate to initiate the criminal case. I have now started confronting the Magistrate to impose a time limit on the police. The police appear to be siding with the accused. Although I have already given my statement to the police, they are not preparing or submitting the required report. I have obtained a copy of a police report sent to the SP office in connection with this case, but it is a flimsy attempt clearly aimed at closing the complaint silently. Can I present this report before the Magistrate as evidence of police inaction and bias in my complaint? What are my options now?
Yes, you can submit the SP’s report before the magistrate to raise attention to the negligence and inaction committed by the police. File a complaint before the magistrate contending the delay caused by deliberate negligence caused by the police and attach the said report to substantiate this.
You can proceed with the complaint under Section 223 BNSS based on your evidence. You may also seek action under Section 349 BNSS for disobedience of judicial orders. Parallelly, approach the Superintendent of Police or move a criminal revision or writ petition before the Sessions Court/High Court seeking directions for timely report submission. For further legal assistance contact us on our helpline number.
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