Can court order reinvstigation into a cancellation report
nirmalsingh
(Querist) 28 June 2015
This query is : Resolved
a cancellation report was filed in the court the complainant does not agree with the report . The court ordered reinvestigation, and directed the SHO to conduct investigation from the aspect of complainant..."FIR No. 105 dated27.8.2012
Present: APP for the State
Cancellation report was submitted by the police and notice to
complainant was issued. Statement of complainant was recorded on 20.3.2015
that she does not agree with the cancellation report. So, in the interest of justice
the present cancellation report is ordered to be sent back to the police station
City, Hoshiarpur for reinvestigation with the direction to investigate the matter
properly from the aspect of the complainant. Ahlmad is directed to keep the zimini
orders and copy of the cancellation report and the send back the original
cancellation report to SHO of Police Station City, Hoshiarpur.
(Amrinder Pal Singh)
CJM/Hpr/15.06.2015.........
Dr J C Vashista
(Expert) 29 June 2015
Yes, it is not compulsory to accept the report of police. The magistrate can send the same back for reinvestigation or further investigation.
Rajendra K Goyal
(Expert) 29 June 2015
What is the query? if no satisfied, move for appeal.
nirmalsingh
(Querist) 29 June 2015
In this case a person committed suicide but no suicide note was written by him. his wife did not came forward for taking the dead body of her husband for 2 days because he had illicit relation with the accused woman. The woman earlier moved High court with a payer that he fears death from the person who committed suicide. The High court ordered her to go to concerned Police station. she went police station but no action was taken by the SHO. He called the deceased and let off.Later he committed suicide at the place of his posting 200 km away from the accused woman residence.the wife of the deceased person leveled false allegation of harassment to her husband by the accused woman with whom the deceased spent 2 days and 2 nights in a private hotel before committing(drama) suicide accused woman moved high court for quashing of FIR and wife of deceased moved high court for the arrest of accused at the same time.both the petitions were heard jointly by the high court. The H.C ordered S.P OF police to conduct inquiry and submit report in the concerned court. the S.P conducted inquiry and submitted cancellation report u/173 Cr.PC in the court...can the accused g to High court for quashing of FIR...?? The Police did not file complaint u/s 182/211 IPC against the complainant for submitting false information along with cancellation report ,...
