Re-investigation application
rajesh
(Querist) 02 July 2013
This query is : Resolved
I have a case of 498a against me and my family. Initially 307 was also there in the FIr but police dropped in the chargesheet as it was prima facie false and dropping only proved my charges of local police station acting in pressure of senior cops like ADGP and DIG who happen to be relatives of complainant.
Chargesheet was filed last year in Feb and charges have yet not been framed.
The other party is using all weird reasons/applications to delay the case, now latest one being, they have filed an application for reinvestigation into 307 charges.
I would like to know, does the lower court have the powers to pass such orders ofreinvestigation?
What happens, if their application is accepted??
Advocate M.Bhadra
(Expert) 02 July 2013
Trial court may passed an order u/sec.173(8) Cr.P.C. for re-investigation into the matter.Subsequently if charge frame u/sec.307 IPC then you can file a Quashing Petition u/sec.482 Cr.P.C.
Further Investigation Order U/s 173(8) Cr. P.C
Further investigation is not altogether ruled out merely because cognizance has been taken by the Court. When defective investigation comes into light during course of trial, it may be cured by further investigation if circumstances so permitted. It would be ordinarily be desirable that Police should inform the Court and seek formal permission to make further investigation when fresh facts come to light instead of being silent over the matter keeping in view only the need for an early trial. The right of Police , even after submission of a report u/s (173(2) Cr. P.C , is not exhausted , and the Police can exercise such right as often as necessary when fresh information comes into light( Ram Lal Narang V. State of Delhi AIR 1979 SC 1791; Hasanbai Valibhai Quresi V. State of Gujarat , AIR 2004 SC 2078; Satish Tandurang Jagtap V. Statae of Maharastra 1995 Cr. LJ 1509 AT 1510 Bom).
Sec.482 Cr.P.C.. Saving of inherent power of High Court.
Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.
Rajendra K Goyal
(Expert) 02 July 2013
Agree with the expert, Nothing more to add.
R.K Nanda
(Expert) 02 July 2013
agree with experts.
rajesh
(Querist) 02 July 2013
Thanks mr Bhadra... but just to add to my query..
no fresh evidence has come to light infact background of 307 in short is...
girl left the house on say, jan 10, 2012..she filed the fir of 498a+307 in August of 2012 from another police station of influence and then it got forwarded to the local police station
The medical submitted by the complainant was not complete..she hid 1 page from police and even the report submitted said swelling on sm body part and treatment advised was ice pack (all this from a private hospital 0 after 3 days of alleged incidence
Most importantly.. the medical report 91 page that they hid and was available with me due to same produced in DV case..suggested Dr had mentioned date of alleged injury 1 days after she herself has accepted to have left the house !!
307 was only put to make sure that an arrets is made sure shot..which thankfully did not happen and we had got anticipatory bail
hence, police in its chargesheet has clearly mentioned to the magistrate that 307 is not made out
Mr Nanda.. i am very sorry sir, u r a senior lawyer but in 100s of my own and other complaints, i just see this standard line from you !! are you here only to add points to show u r 1 of top experts on the portal??
Devajyoti Barman
(Expert) 03 July 2013
The Magistrate can order re investigation. If you feel aggrieved by it then challenge it before the sessions court or high court.
Raj Kumar Makkad
(Expert) 03 July 2013
After going through your detailed facts, everyone shall reach to the conclusion that the investigation is erroneous for the reasons best known to IO so the court can definitely get the matter re-investigated under the provisions of section 173(8) of criminal procedure code.
