Murder case
JAIME
(Querist) 03 March 2016
This query is : Resolved
THIS CASE IS ABOUT TO BE CLOSED ON GROUNDS THAT THE CASE IS DEATH BY ACCIDENT. WHERE AS THERE IS ENOUGH GROUNDS TO PROVE THE CASE IS DEATH BY MURDER. THE POLICE HAS FAILED INVESTIGATION. THE MEDICAL REPORT IS DEFECTIVE THE CRIME BRANCH HAS MOVED AN APPLICATION BEFORE THE DEPUTY COLLECTOR TO CLOSE THE CASE AND CASE BY ACCIDENT. IS THERE A CHANCE TO INTERVENE BY A RELATIVE IN SUCH A CASE AND UNDER WHICH PROVISION? CAN PROVISION UNDER CIVIL LAW BE MADE APPLICABLE IN SUCH A CIRCUMSTANCE? THANK YOU FOR YOU ADVICE.
P. Venu
(Expert) 03 March 2016
The relative or any concerned citizen can interfere, by bringing an appropriate motion jurisdictional court or the High Court, if there are grounds to suggest that the case is that of murder, not accident.
However, the queriest, in my view, is misinformed in that "THE CRIME BRANCH HAS MOVED AN APPLICATION BEFORE THE DEPUTY COLLECTOR TO CLOSE THE CASE"; decision in this regard vests with the Competent Court and not the Executive.
Dr J C Vashista
(Expert) 03 March 2016
Well advised by Mr. P Venu, I fully agree and appreciate.
You can move application before the trial court (and not DC, who has no jurisdiction)for directing the investigation (u/s 178 Cr PC)agency to re-investigate/investigate further as suggested by you.
Crime Branch is not concerned to report the matter to DC, which do not fall in the line of justice delivery system and will have to submit/request the trial Judge/Court or higher Court (if provided in the law).
