A naraji petition is a formal objection filed by the complainant before the Magistrate when the police submit a final report (also called a closure report or non-FIR report) recommending that no case be filed or that the case be closed without prosecution. The word 'naraji' means 'dissatisfied' or 'objection' in Bangla. Filing a naraji petition is the complainant's primary remedy when the police fail to investigate a case properly or when they are influenced by the accused. TRW — Tahmidur Rahman Remura Wahid Law Associates prepares and argues naraji petitions with detailed legal and factual analysis.
Legal Basis for Naraji Petitions
The legal basis for naraji petitions is found in Section 200 of the CrPC and the case law of the Supreme Court of Bangladesh. When the police submit a final report, the Magistrate is required to consider the report and the complainant's objections before deciding whether to take cognisance of the offence. The Magistrate has the power to reject the police final report and to take cognisance of the offence on the basis of the complainant's naraji petition. The Magistrate may also direct further investigation under Section 156(3) of the CrPC.
The Supreme Court of Bangladesh has held in numerous cases that the Magistrate is not bound by the police final report and must apply their independent judicial mind to the question of whether cognisance should be taken. TRW's lawyers cite these precedents in every naraji petition.
Grounds for Filing a Naraji Petition
A naraji petition is filed on the following grounds. The police investigation was incomplete or biased. The police failed to examine important witnesses. The police failed to seize relevant evidence. The police were influenced by the accused or their associates. The final report does not accurately reflect the evidence. The offence is clearly made out on the available evidence. TRW prepares a detailed naraji petition setting out these grounds with supporting evidence and legal arguments.
TRW also files applications for further investigation under Section 156(3) of the CrPC, directing the police to conduct a proper investigation. This is particularly effective when the police have been negligent or corrupt in their investigation.
The Naraji Petition Process
The naraji petition is filed before the Magistrate who received the police final report. The Magistrate fixes a date for hearing the petition. TRW appears before the Magistrate and argues the petition, producing evidence and witnesses as necessary. The Magistrate then decides whether to accept the police final report or to reject it and take cognisance of the offence. If the Magistrate rejects the naraji petition, TRW files a revision before the Sessions Court or the High Court Division.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team have successfully argued naraji petitions in cases involving assault, fraud, cheque dishonour, and other offences. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How long do I have to file a naraji petition?
A: The naraji petition should be filed promptly after the police final report is submitted. There is no fixed limitation period, but delay may prejudice the petition.
Q: Can I file a naraji petition if I was not the original complainant?
A: Generally, only the original complainant can file a naraji petition. However, in some cases, an aggrieved person who was not the original complainant can file a complaint under Section 200 of the CrPC.
Q: What happens if the Magistrate rejects my naraji petition?
A: TRW files a revision before the Sessions Court or the High Court Division to challenge the Magistrate's order.
