Investigation
pummy jain
(Querist) 02 January 2016
This query is : Resolved
in my case a complain received by court under 498a and sent to IO for investigation under 156(3). name of 6 accused has been deleted out of 7 in charge sheet of police.
now my wife filed an application for reinvestigation in court without any evidences and court asks me why does not reinvestigate the case?
my question is that under which sec of crpc magistrate can give orders for reinvestigation as 173(8) says only IO can forward for it when he gets some evidences.
please guide me.
P. Venu
(Expert) 03 January 2016
Is it reinvestigation or further investigation?
pummy jain
(Querist) 03 January 2016
it is reinvestigation in my case although it must be further investigation.
but my question is same either reinvestigation or further investigation.
K.S.Srinivas
(Expert) 04 January 2016
The power in the Magistrate to order further investigation under Section 156(3) is an independent power, and does not affect the power of the investigating officer to further investigate the case even after submission of his report vide Section 173(8). Hence the Magistrate can order re-opening of the investigation even after the police submits the final report, vide State of Bihar vs. A.C. Saldanna.
However, The Supreme Court of India in a recent judgment [Chandra Babu @ Moses Vs. State through Inspector of Police, dated July 7, 2015] has held that a Magistrate does not have the jurisdiction to direct fresh/further investigation by another agency other than the one which had originally investigated the Case.
Rajendra K Goyal
(Expert) 05 January 2016
Your lawyer would argue / give reply on the basis of the merit of the case and facts on the file.
T. Kalaiselvan, Advocate
(Expert) 10 January 2016
This is another academic query, if it is real query, then you may file your counter to the petition filed by her.
