173/8 further investigation
falgun
(Querist) 03 April 2015
This query is : Resolved
How many times a court can give order for further investigation?
I am a victim of false case of 498a etc.
In my case one time the mm has already issued further investigation. The io took 3 months to complete the same and gave a report that no proofs have been found against the Co accused. And so now the opposite lawyer has again asked for further investigation.
As per my limited knowledge there is an sc judgement of vaijanti vs state of mp in which it is shown that only once the mm can pass further investigation........
Are there any other sc judgements saying the same. If yes can the knowledgeable members of this forum can guide me.
Looking forward to hear from all.
Thanks
falgun
(Querist) 03 April 2015
Sir, please guide. The reason why I am keen to get the experts advice is that am fighting my dv,498a and 125 myself that is party in person currently due to my financial crisis. A false case was registered against me in 2012and had to run pillar to post to acquire bail. Through my lawyers I applied ab in sessions, got rejected then in hc again got rejected, then went for quashing of fir in hc, which again got rejected, then went to challenge the same in sc and got intrium protection. Then when I went to the ps on taking the order from sc the same day the io submitted charge sheet. And then my petition in sc got dismissed as I had applied for quashing of fir and charge sheet was already submitted. Then went to hc again with an application for surrender and regular bail. I didn't have money so went party in person. Got the bail. After 3 months the mm gave order for further investigation and the io gave the report that no proofs were found in December 2014. In March end the opposite lawyer gave an application again for further investigation. Now can the mm give the order for further investigation again?
We have suffered a lot. I had a case registered against my in laws before all these cases hit me which even included injury certificate saying that the patient was hit by a katar, bleeding in both hands, four stitches on the Right arm and three on the left.
My wife did all these cases against me after one month of me filing the fir against my fil and bil. To our surprise the io closed our case( did b summary) and multiple cases were registered against us. Our photos were given in the news paper stating we had done all these things, our business were closed as all our clients were called by the io in the name of investigation. My father had a brain stroke and passed away. And now even after 3 years the charges have yet not been framed nor the trial has started. The opposite party is using delaying tactics in every case. What should be done according to you all.
Experts Please guide. Will I ever get justice as all the details given by my wife are false which can be proved by the mobile tower location details. And there is no injury certificate given by her. In all the three cases the allegations are totally contradictory.
Looking forward to hear from you at the earliest.
Thanks& Regards
Devajyoti Barman
(Expert) 04 April 2015
Porper guidance can be given only after seeing contents of each and every case.
If your cases gets dismissed against your in laws you have legal remedy against such actions.
You can apply against police inaction as well.
The court can give order for re-investigation on multiple times if the merit of the case do warrants.
Meet good lawyer once to draw a plausible effective future line of action.
alexander
(Expert) 04 April 2015
well advised by Shri Barman
falgun
(Querist) 04 April 2015
Thanks to all of you for your help. Regards
T. Kalaiselvan, Advocate
(Expert) 08 April 2015
Agreed that a petition u/s 173(8) filed allowed and a report has been obtained by another IO is not satisfactory and the petitioner still finds that the police ar in collusion with the opposite party hence not investigating the matter on the line of investigation sought, the court is satisfied may pas on order in another petition on the same lines, but as always better, take an opinion of an expert lawyer atleast out of court on such further issues.
