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Pushkar (DR)     29 May 2013

Can police reinvestigate this case

Dear experts,

A complaint was filed against me with local police in a property dispute. The police termed it of civil nature and did ot register FIR. Subsequently, the Judicial Magistrate also dismissed it under section 156 (3) crpc also terming it as a civil nature dispute in which criminal court cannot be misused.

Now 5 months ago the complainant filed an application with DIG to investigate my case jointly in conjunction with another case of a nearby property which is pending in court after FIR registration. The DIG in his order said that a fair joint investigation of the 2 cases be carried out.

My question is can the DIG do this once the court has termed it civil nature. Does the police have the power to investgate this case at all now.

Since that complaint no police officer has approached me for 5 months for investigation though. Shall I assume that they realised that investigation of the case was not possible as the court had termed it civil. Is it possible they conduct the investigation and filed joint chargesheet with the other case ithout informing me??

Your help will be greatly appreciated.



Learning

 2 Replies

k.kumar raja (advocate)     01 June 2013

on getting approval from the prosecution advocate ,then   filing proper pettion before  the concern magistrate after giving notice to you.then order is in the hands of the court.without court order cannot move for reinvestigate     

Pushkar (DR)     03 June 2013

Thank you sir. Is there any provision in crpc by which I can initiate action agaist DIG for ordering investigation of my case with another case even hen the court has termed it of civil nature??


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