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satbir (commissioner)     02 September 2022

Re investigation

Which is the competent court to order re investigation in a criminal case in Delhi



Learning

 2 Replies

Siddharth Srivastava (Advocate)     03 September 2022

Concern metropolitan magistrate under section 156 (3) Cr.p.c. 

Dr J C Vashista (Advocate)     03 September 2022

The procedure for re-investigation after filing final report by police under Section 173 Cr PC is applicable not only in Delhi but in whole of India with exceptions in terms of Section 1(2) of Code of Criminal Procedure, 1973 which reads:

 .1.Short title extent and commencement.

(1) xxxxxxxxxxx

(2) It extends to the whole of India except the State of Jammu and Kashmir: Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply-

(a) to the State of Nagaland,

(b) to the tribal areas, but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification. Explanation.- In this section," tribal areas" means the territories which immediately before the 21st day of January, 1972 , were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.

Your query is subjective and not specific, be clear about facts vis-a-vis question / doubt with respect to your problem and your locus standi.


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