Y S Jagan Mohan Reddy didn't file complaint? Not a big deal, say lawyers

Hyderabad: The objections raised by Telugu Desam leaders including Andhra Pradesh Chief Minister N. Chandrababu Naidu against leader of the Opposition Y.S. Jagan Mohan Reddy for not lodging a complaint with the Vizag police immediately after an attempt was made on his life has puzzled experts.

Mr Naidu and his party claimed that Mr Reddy was under an obligation to that he has to first inform to the police about the attack and then go for treatment in government hospital, but instead fulfilling his obligation he had preferred treatment at Hyderabad instead of a government hospital at Visakhapatnam.

Mr Reddy was stabbed by one Janupalli Srinivasa Rao, working in a restaurant at the Vizag airport, when he was waiting for a flight to Hyderabad.

These statements have led to doubts in the minds of lawyers as well as the general public about the legal procedure to be followed in such circumstances. People are questioning whether any law mandates a victim to first approach the police and then go for treatment. They are also curious about the legal procedure in case of road accidents.

Mr Jagan Mohan Reddy immediately after the attack left to Hyderabad after having first aid to his injury on his shoulder and he refused to give statement to the investigating team. 

This raised doubts of whether the victim should give a statement to the police. 

Lawyers practicing criminal law in Hyderabad said that there was no such mandatory provisions either under the Criminal Procedure Code or in the Indian Penal Code.

Mr C. Mallesh Rao, senior criminal lawyer of the city, said that under the Criminal Procedure Code, in a cognisable offence the complainant need not be the victim.

He said the state shall suo motu take cognisance of the offence which has occurred in public view, and register a case and take up investigations. Alternatively, it has to take a complaint from any police officer present at the time of offence at the spot. For that matter the police can take a complaint of any individual present on the spot.

He said that the victim need not even be a witness in a cognisable offence. He has the right to give the statement to the police or refuse to do so. 

The witness who was at the scene of the incident has to be treated as valuable evidence while trying the case by the courts to punish the accused.