Re invistigation by police
sajed
(Querist) 29 May 2012
This query is : Resolved
compliant lodged complaint against Accused under section of 406 and 420 of Indian Penal Code (IPC)for cheating of amount of more then 30 lakh.Accused bailout due to improper narration of fact. Now complaint want to reinvestigation by special police agency ( c.c.s Hyderabad ). charge sheet has not filled in this case. under which provision of cr.pc complaint can file petition for reinvestigation in same court which granted bail.weather to move such petition by police prosecutor or by private lawyer . it is state (police )case.
Shonee Kapoor
(Expert) 30 May 2012
Re-investigation can be done u/s 173(8).
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 30 May 2012
However, bail once granted can be cancelled on the violation of bail conditions.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
dev kapoor
(Expert) 01 June 2012
Hi,
I am afraid I must differ with the view expressed by Mr.Shonee .Section 173(8)Cr.P.C does not speak about "REINVESTIGATION"
In fact,Mr.Sajed, you may have to narrate facts again.You talk about 'Complaint".Under the Code of Criminal Procedure "Complaint" is not a police report.So we presume you had lodged a complaint before Magistrate where the accused got admitted to bail.You are not satisfied & you want the case to be investigated through police agency.If that is true,you will have to file an application u/s.156(3)Cr.P.C. requesting the JMIC to send case for POLICE INVESTIGATION & the amount being huge,it can be addressed to police by JMIC.
Otherwise if the case is already with the police two situations can be visualised on hypothetical grounds.1-Investigation may be entrusted to C.C.S,by Chief Judicial Magistrate or Magistrate of equivalent rank can order the same.2-H.C. can direct such an action.
S.173(8) speaks about "FURTHER INVESTIGATION" & there is catena of SC Judgment that "further investigation' means 'after the police report is presented before the court' & the latter is convinced by () Prosecuting agency or (2) Complainant/aggrieved that there are circumstances which are necessary to be brought before the court for dispensation of justice & which were overlooked or which could not be brought to police investigating agency's notice during regular investigation & that these facts are essntial for elucidation of true facts for bringing true facts before the court.
If you can prove that,FURTHER INVESTIGATION(& NOT REINVESTIGATION) can be ordered.
