Defacto complainant
Shumaila Altaf
(Querist) 22 July 2013
This query is : Resolved
Greetings! who is a defacto complainant. can he move an application under section 173(8) crpc
prabhakar singh
(Expert) 22 July 2013
A defacto complainant is one who is victim of an offence.
s.173(8)Cr.P.c is a weapon in hands of prosecutor but not in defacto complainant to request magistrate to remain in abeyance as further enquiry is desirable and must for the case.
Shumaila Altaf
(Querist) 22 July 2013
Thank you so much sir. On what grounds can I object to any such request/application made/moved by the defacto complainant.I am the accused.
prabhakar singh
(Expert) 22 July 2013
The Magistrate cannot suo moto direct further investigation under Section 173(8) or direct re-investigation or further investigation on the petition filed by the de-facto complainant.
prabhakar singh
(Expert) 22 July 2013
http://indiankanoon.org/docfragment/199675194/?formInput=%22section%20173%20%288%29%22%22cr.%20p.%20c.%22
Nadeem Qureshi
(Expert) 22 July 2013
nothing left to add
agree with Mr. Singh
R.K Nanda
(Expert) 23 July 2013
no more to add.
Shumaila Altaf
(Querist) 24 July 2013
Thank you all especially Prabhakar sir. But I also want to know the grounds on which section 173(8) can be invoked.obviously we cannot ask for further investigation in every case. so i want to know the essential ingredients necessary to invoke section 173(8). how do we differentiate between 'further investigation' and 're investigation'.. what are the different grounds. e.g in my case the prosecution in their application under 173(8) have said that there are loop holes in the investigation and report related to some facts has not been submitted. Now would it amount to asking for re investigation or further investigation. what grounds should i plead in my objection to their application.
