Rinvestigation after Final Report
S.D. Singh
(Querist) 24 May 2010
This query is : Resolved
After lodging FIR , I, besides providing documents by hand to IO, sent certain documentary evidences to I.O. through S.P. office by post. These documents were received by the concerned police station from S.P. office as per Dak register copy of which I received under RTI Act. But IO forwarded Final Report to the court on the ground that no evidence was provided by complainant. Please advise :
1. Whether any action can be taken against such IO.
2. Whether higher authorities of Police can order for re-investigation or further investigation of FIR even the FR is submitted to the court on the basis the earlier investigation was incomplete, and instruct IO to include and consider the documenst submitted before sending any report to the court.
3. What other remedies are available .
4. What is the difference in Re-investigation, Further investigation, supplementary investigation
Devajyoti Barman
(Expert) 24 May 2010
The power of Magistrate after submission if Final Report is more or less settled by the Supreme Court in Bhagwant Singh vs Commissioner case whereby the supreme court directed that after the submission of Final Report the Magidtrate can adopt either of the three courses.- 1. he may accept the report and drpo the proceeding,2.he may disagree with the report and take cognizance of the offence and issue procees,3.direct the further investigation by the police u/s156(3).
