173 (8)
A Kapur
(Querist) 30 April 2016
This query is : Resolved
In a case of one of my companies the director had filed a FIR against an ex director and all the investigation was done and charge sheet files against him during this period the ex director went to high court against the FIR under 482 and again against the charge sheet but the court clearly dismissed and gave him one month time to surrender.
The lower court had already taken action and issued the NBW also. Now subbenly he has got some contact on the police and has got an order or further investigation of the case.
Need to know is this lawful for the police to file for further investigation where all the above remedies have been exercised in the high Court.
P. Venu
(Expert) 01 May 2016
You need to bring the matters to the notice of the Court.
Devajyoti Barman
(Expert) 01 May 2016
Without seeing the order of further investigation it is difficult to advise.
Whether the police investigates further or not of he does not surrender within the time the court can issue fresh W/A.
Rajendra K Goyal
(Expert) 01 May 2016
All the documents and case file need to be referred, consult with local lawyer, show him full case file.
T. Kalaiselvan, Advocate
(Expert) 01 May 2016
The police may with the help of APP file an application for further investigation before the court. Everything can happen in this corrupt society and they may intelligently move as if doing everything legally, so any protest may not invoke proper response even from the court for the obvious reasons.
Dr J C Vashista
(Expert) 02 May 2016
The court may direct the IO for further investigation.
Jeetender Gupta
(Expert) 02 May 2016
It is open for the police to move court seeking further investigation under 173 (8) on the ground of some new discovery, evidence or development. You can oppose the application in court if you have some apprehensions. Either case it should not affect execution of NBW. On the contrary, a further investigation justifies need for taking an accused in controversy. Lastly, without understanding all the facts, & circumstances you should not make wild allegations against the police in a public forum.
