Return File from court to police
INDIAN LADY
(Querist) 17 December 2013
This query is : Resolved
Respeced Experts , In my 498a case I file the complaint against 5 accused and police registered the FIR against my husband and rest accused were not even called by police in investigation. After rejection of AB of my husband from session court he surrendered and sent to jail for 8 days and got the bail then. Now poilice has present the file in court and after examining the file court has returned the file to police with question that why the rest 4 accused are not included inn the FIR ? Give explanation on that. Now police has called rest 4 accuses to give thier statements. I want to add that first investigation was done by ACP and now file is sent to SHO Mahila Thana as FIR was raised by Mahila Thana. Now my query is 1) Is it possible that the mahila thana SHO can include the names of rest all accused in.FIR ? 2) If police will not include the rest accused in FIR then how the rest accuses can be called in court ? If Police will not add the names in FIR of rest accused then what for the statements of rest accused taken by police ? Can I file separate complaint against rest accused ? Or Can I file writ in high court to add all accused in FIR ? Kindly reply which action.against rest accused is most reliable and convinient practically
Devajyoti Barman
(Expert) 17 December 2013
1.Yes
2.de facto complainant can ask for reinvestigation.
Separate complaint is surely an oprion.
Rajendra K Goyal
(Expert) 18 December 2013
1. Yes it is possible.
2. Request for reinvestigation can be done.
3. Yes may be filed.
T. Kalaiselvan, Advocate
(Expert) 18 December 2013
If the court has asked the explanation for not including the police may submit its report with the reasons thereto, however if the defacto complainant is not satisfied with the investigation the police, she may seek the intervention of the court for the same through a private complaint before the court.
