If reinvestigation can be sought during trial
Prasun
(Querist) 10 February 2013
This query is : Resolved
In a cyber crime case, the police submitted chargesheet after nearly 2 yrs of lodgiing of FIR. While framing charges the Magistrate did not allow filing of discharge petition. I assume this denial is not recorded. Magistrates change as a routine. Chargesheet do not mention forensic scan of complainant's hard disk or his computer. Forensic report of hard disk of accused mentions only such emails which favours complainant, although the complainant sent many obscene articles through his email using his official and many new personal email ids created by complainant. These are not reflected anywhere in chargesheet as no investigation was done by police.
It is possible that as nearly 10 years have passed after lodging FIR and 7 years after submission of chargesheet, the complainant may have been destroyed all evidence available in his computer system.
It is very much possible that the complainant himself or by appointing someone hacked the computer of the accused and created many emails of different id and sent email to himself to put accused, a very simple and helping person with no adverse records throughout his life, in trouble if he comes to know about the various dubious activities of complainant at any time.
Which sections of Indian law permit an accused to seek reinvestigation, challenging the forensic reports of his hard disk ?
Guidance in detail shall be gratefully acknowledged to save this genuine and innocent accused.
Please help with correct advise and guidance.
Adv.R.P.Chugh
(Expert) 10 February 2013
If the Accused thinks the investigation to the be perverted and one sided - he can file a writ in the High Court or the Supreme Court assailing the investigation on ground of violation of his fundamental trial to fair trial. However mere lapse in investigation are not enough to warrant a re-investigation and is done only in extreme cases where it is apparent that the investigating agency has acted at extraneous considerations.
R.K Nanda
(Expert) 11 February 2013
agree with Bharat.
