Reinvestigation in a case
Guest
(Querist) 05 May 2011
This query is : Resolved
The case is registered under IT Act sec 66 a & C & IPC sect 294, 385, 507. Complainanat has filed an application for reinvestigation in the case stating that Police have not done it properly & filed the charge sheet in a haste . The Charge has been framed by the trial Court ( JMFC )& as per the directions of District Judge while grantimg bail to the accused was to conclude the trial in 2 months . But the trial did not start . It is more than 3 months now as I am released on bail .
The complainant has filed an application with trial court for a reinvestigation in the case because according to the complainant there are lapses done by Police in investigation pertaining to crime registered.
The reinvestigation is being demanded by the complainant thru Cyber Cell Pune . In this case there are 3 complainants one is from Jalgaon the main & 2 are from Pune. The case is filed & being conducted by JMFC at Jalgaon.
PLs advice whether JMFC has any right to order for reinvestigation & that too outside his limits of taking cognizance i.e. investigation thru Cyber Cell Pune. Can this reinvestigation if ordered be challenged in Session Court Jalgaon or HIGH Court, Aurangabad. Pls adivce.
PALNITKAR V.V.
(Expert) 05 May 2011
The Magistrate has no powers to direct any particular wing of police machinery to reinvestigate. You may challenge the decision in HC.
Guest
(Expert) 06 May 2011
But you have not stated, in the court of which city the trial is being made.
M/s. Y-not legal services
(Expert) 06 May 2011
