Further investigation request under 173(8) cr.p.c.

You are required to file an O.P. supporting it with Affidavit praying re-investigation of the case contending that certain case under criminal matrimonial laws were filed by wife in such and such Court which got registered as such and such case no. under such and such Sections and that at the time of investigations you requested the IO to receive some documents which were essential to prove the acquittal of the accused person(s) and were in your possession, that you were informed by IO that they will consider them before preparing chargsheet and receive them afterwards and at that juncture you came to know that chargsheet has been filed overlooking such crucial documents  and chargsheet does not contain the true particulars, that the particulars found in the chargsheet were concocted nor any investigations were carried out under these circumstances I am compelled to file this O.P. for re-investigation.

Say in support of my contentions, I am relying on two decisions of the Apex Court on S. 173 (8) CrPC;

Ref.:

One is in Hasanbhai Valibhai Qureshi vs. State of Gujarat and Ors.
[2004 SCC (CRI.) 1603]

and the another one is in Zahira Babibullah Sheikh and Anr. v. State of Gujarat and Ors. [2004 SCC (CRI.) 1613]

While oral submissions or even reduced it to writing say the matter requires the re-investigation on the following grounds;

1. While there were no specific allegations made against A-X and A-Z in the case, how they were added at the time of the final report remained unknown.

2. It is specifically stated by the petitioner/husband herein that the statements of Complainant and her relatives were recorded under S. 161 of Cr.P.C,; but, a perusal of the same would clearly reveal that they were not the statements given by them; and that it has been recorded and placed before the lower Court in such a way to support the complainant. Apart from that, it is also further added that the statements given by them, did not form part of the statements recorded and placed before the lower Court.

3. It is specifically averred by the petitioner/husband that at the initial stage of the investigation, he made a request to the Investigating Officer that he has got documentary evidence to be placed, and they were vital for his innocence proving; and that he was assured that the same would be received by the Investigating Officer later; but, the Officer has neither received the same nor incorporated the same, and instead, he has finally filed the final report.

4. Apart from the above, according to petitioner/husband, a reading of the charge sheet would clearly indicate that it has been drafted in such a way to help the complainant rather than to prosecute the case logicaly.

[Edit some of the above pointer paras in consultation with a seasoned advocate]

Remember that while such allegations, which, in the opinion of the Court, are serious in nature, are made against the investigating agency and process and in view of the crowning circumstance that if the trial is allowed on the investigation done and the final report filed, it would cause certainly prejudice to the accused persons case, and the case might even end in conviction, it is better to place humble prayer before superior Court that it is a fit case where re-investigation has got to be ordered, and all the above, state assertively that interest of justice would require so!

my personal thanks to you tajobsindia sir...and wish you a eventful and wonderful new year.

@ tabjobsindia

sir. in your reply do you mean to apply for further investigation or exactly reinvestigation..I have read on the net in some forums that reinvestigation is prohibited but further investigation can be allowed..

all the judgement i have found are related with the application for further investigation done by defacto complainant but not by any accused...Can you please give reference of any such judgement where accused requests for further investigation.

Thanks

A mere reading of S.173 (8) Cr.P.C. makes it clear that irrespective of report under sub-section (2) forwarded to the Magistrate, if the officer in-charge of the police station obtains further evidence, it is incumbent on his part to forward the same to the Magistrate with a further report with regard to such evidence in the form prescribed. The provision also makes it clear that further investigation is permissible, however, reinvestigation is prohibited. The law does not mandate taking of prior permission from the Magistrate for further investigation. Carrying out a further investigation even after filing of the charge-sheet is a statutory right of the police. Reinvestigation without prior permission is prohibited.

Thanks @ tajobsindia.

but is there any constraint that only complainant can request for further investigation not the accussed..Can you please share any judgement where accussed has requested for further investigation and permission granted.

Thanks