Reg:reinvestigation in 498a case
Pradeep Kumar
(Querist) 28 July 2014
This query is : Resolved
Hello All,
1.498A DP ACT 3 &4 filed against me and my family members in the month of MAY 2013
2.Police completed investigation withdrawn my parents and sister name and submit the charge sheet to the court in the month of December 2013 (498A DP ACT 4)
3.I have received summon from the court in the month January
4.After receiving charge sheet from the court ,I have approached the High Court for the Stay ,High court said that approach lower court first then come to High Court.
5.Agin I have filed Discharging petition ,I have filed in Lower Court ,argument supposed to happened in the last week
6.In this situation my Lawyer is saying that my wife sent a complaint to Magistrate directly to reinvestigate the matter
7.Judge said that ,argument will be here'd for both discharging and reinvestigation in the next week.
MY QUESTION:
1.Reinvestigation complaint can be filed as a direct complaint to the magistrate?
2.As per Supreme court guidelines I understood that ,Police has to initiate reinvestigation process is it true?
3.If any supreme court guidelines for Reinvestigating the case ,please share with me
4.Already I got stay for DV ACT case ,whether it will help me in this case?
5.Please send me the details/Procedure regarding reinvestigation
Regards,
Pradeep
Devajyoti Barman
(Expert) 28 July 2014
1. Formal petition is to be filed for re-investigation which must be done in your case.
2.Yes
3. it is not done here.
4.Yes
5. read book or talk to your lawyer.
ROHIT SHARMA
(Expert) 28 July 2014
1. The complainant can challenge the action of the police to delete the names of the accused in the charge sheet if such accused were named in the F.I.R. This application is listed for hearing and the trial court will decide the issue. At that time your advocate has to contest such application on some meritorious grounds. Trial court has the discretion to hear the complainant and if need be can order fresh investigation.
2. Your discharge merits lies upon the fact that wrong complaint was filed by the complainant and the evidence submitted by the police along with the charge sheet submitted by the police do not disclose any prima facie case against your parents and sister and thus the complainant has filed a complaint entirely based on false facts and therefore you may be discharged form such false accusation.
3. If you have already got a stay in the matter of D.V. Act, then this will help in to show merits for getting discharge.
4. Brief your advocate.
Dr J C Vashista
(Expert) 29 July 2014
I agree with experts, the case can be re-investingated. Brief your lawyer.
Pradeep Kumar
(Querist) 29 July 2014
Hello Experts,
1.She has not filed any petition for reinvestigation.
2.She has sent a letter to Magistrate ,saying that Charge sheet filed in Kanada ,I don't know kanada thought that in laws names are there charge sheet ,now only we came to know that their name has been dropped ,kindly pass direct police to reinvestigate the matter.
3.Now magistrate made a note of it.
4.Here no legal procedure has been followed ?
5.Even my sister and mother also women ,whether they can write a complaint to magistrate to quash the F.I.R?
6.This women already manipulated charge sheet and submitted in Chennai High court done forgery ,now after six months she is saying ,she don't know kannda?
7.Defacto of complaint does she have rights to ask for reinvestigation directly to magistrate?
ROHIT SHARMA
(Expert) 29 July 2014
Dear Mr. Pradeep Kumar,
1. Your sister and mother can file special leave application u/s 482 of Cr.P.C. before the High Court for quashing the F.I.R.
2. Even she has written a letter to the Magistrate but it will not have any effect if the police report does not make out any offence against your sister and mother. It is a principle of natural justice that the Magistrate has taken a note of her letter.
3. I am unable to understand the sequence of what you have mentioned about the forgery done by her in some matter before the H.C.
4. Actually speaking reinvestigation can be ordered by a superior court only after the verdict is given.
T. Kalaiselvan, Advocate
(Expert) 30 July 2014
This is a clear cut case of her revenge activities. Be in touch with your lawyer and challenge all her moves.
Pradeep Kumar
(Querist) 04 August 2014
Hello Experts,
1.I got a call from my local police station enquiry and attend the same.
2.Inspector is saying that ,we may recall the charge sheet from court and going to assign new I/O officer to reinvestigate the Case.
2.Already I explained in my previous queries that in Charge sheet only my name is there already I have filed discharge petition for the same and argument is pending.
QUESTIONS:
1.Whether police will reinvestigate the matter in same crime no ?
2.If Police says we are going to file additional charge sheet by reinvestigate the allegation against my parents and sister ,whether they will register new F.I.R?
3.Already my parents and sister got AB for old crime no and it is valid until completion of trial? Now should I go for new AB ?
4.Can I approach High court to Stay reinvestigation ?Is it possible?
Regards,
Pradeep
Biswanath Roy
(Expert) 04 August 2014
REPLY TO YOUR QUESTIONS :-
Q.1. yes
Q.2. Old F.I.R to be followed
Q.3. No further AB is needed
Q.4. High Court cannot interfere in police investigation.
