Can we seek reinvestigation
GANGAM.RAJENDER.
(Querist) 09 October 2013
This query is : Resolved
in the rape case ipc 376 ,368,506 has been registered,the investigation has been completed , the io partially investigated and removed the names of a2,a3,a4,a5,and a6 they are in the complaint. a1 has been arrested before the investigation.
1.can we ask the re-investigation in the hon'ble court and under what section we have to file application.
2.what is the difference between further investigation u/s 173(8) and re-investigation.
3.from the beginning IO supporting the accused side.
4.in the criminal cases PP only the pleader for victim side or we can appoint another pleader along with the pp.
R.K Nanda 
(Expert) 09 October 2013
consult lawyer personally.
Sudhir Kumar, Advocate
(Expert) 09 October 2013
subjective matter one has to see all papers. Meet your lawyer.
Rajendra K Goyal
(Expert) 09 October 2013
Agree, all the papers need to be seen before any advise.
Raj Kumar Makkad
(Expert) 09 October 2013
You can definitely move an application under section 173(8) of Criminal Procedure Code before the Court for re-investigation and you can also appoint your own private counsel who shall assist PP in the trial.
GANGAM.RAJENDER.
(Querist) 10 October 2013
raj kumar makkad sir thank you for your suggestion,but sir in criminal appeal no:619 of 2009 in the supreme court has revealed that the further investigation is only continuation of the previous investigation and it the duty of the police without permission of the court.and also mention that re-investigation required leave of the court.
1.under what section crpc we have to take permission and file application .
2.u/s crpc 173(8) is for further investiogation only not the fresh investigation,
3.pls provide the procedure and citations relating to the re-investigation.
THANK YOU SIR.
Ms.Nirmala P.Rao
(Expert) 10 October 2013
You can file for further investigation under Section173(8) as the earlier investigation had only been partly completed. If earlier investigation is faulty then re-investigation of the whole matter can be sought. You can appoint another pleader of your choice or request the Court for appointment of Amicus Curie-(Friend of the Court) to assist the prosecution in the case
Ms.Nirmala P.Rao
(Expert) 10 October 2013
Please see Ramlal Narang vs. State of Delhi 1979, Supreme Court of India had s laid down the ratio decidendi of the circumstances under which the Police has powers to re-investigate a case. If you want to really thank me for anything please press the "Thank you" button on my profile.
Raj Kumar Makkad
(Expert) 10 October 2013
Police has definitely power for re-investigation but it practically do not initiate it without specific direction of the court so you were advised accordingly.
GANGAM.RAJENDER.
(Querist) 11 October 2013
thank you raj kumar makkad sir.
IF POSSIBLE PLS PROVIDE PREVIOUS MODEL APPLICATION
U/S 173(8)CRPC.THIS OUR PERSONAL REQUEST SIR.
THANK YOU SIR FOR VALUABLE ADVISE SIR.
EMAIL ID :GANGAM.RAJENDER@GMAIL.COM
Raj Kumar Makkad
(Expert) 11 October 2013
Rajender ji! There is no word of model application in criminal procedure code. Every case is unik in its aspects. The facts are to be put chronically indicating the lapses of the IO while investigating the case and lastly a prayer has to be made for re-investigation on certain aspects.
GANGAM.RAJENDER.
(Querist) 11 October 2013
THANK YOU SIR ,IF YOU GRANT LEAVE I WILL BE SENT COMPLAINT COPY IN REGISTERD POST WHICH WAS IN TELUGU SIR .
THANK YOU SIR.
Devajyoti Barman
(Expert) 12 October 2013
Do as advised above.
You can always engage private lawyer who can fUnction and plead with the permission of PP.
