Ravikant Soni (LAWYER IN JAIPUR) 17 April 2011

investigation after FR??

Friends,
I am defending a case in which there has been filed negative Final Report by police that no offence is made out and case is of Civil nature. But despite of this fact a senior police official ordered for re-investigation and arrest all the person having been charged. And some of them arrested as well.
I m favoring accused side.
please refer some judgments to come out the situations..

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2 Replies

Kamal Shah (self employed) 18 April 2011

Could you provide some more details and jurisdiction

Om Prakash Dhusia (HR assistant) 24 April 2011

Mr. Ravikant ofcourse you chose the short cut to be offered everything in platter as opined by Mr.Kamal but never mind read the following please:-

As stated by you, could you please cite as to whether the case was investigated under CrPC 156(3) or an complaint was submitted by the victim at the police station which is sometimes in UP called an ISTGASA.

Because as you opined that it was of civil nature which could actually not be.There is nothing like civil nature or criminal nature.Either a complanit by the victim is of COGNIGIBLE or NON-COGNIGIBLE nature and if it is of NON-COGNIGIBLE nature, police has no room to investigate without the consent of Area Magistrate. If it is of a mixed nature then police can investigate but the complaint should show some of the ingridients of COGNIGINLE nature and NON-COGNIGIBLE both..

So first of all police has no right to investigate the case which is of NON-COGNIGIBLE nature without the prior approval of Area Magistrate.

And if it was under CrPC 156(3) then SHO if disagrees to FR, is within his right to re-investigate because it is he who is authorised to forward that FR to the Area Magistrate and not the IO who is junior to him and not authorised to do so.

And if the Senior Police officer or SHO in particular directly asked his junior to investigate then it shows it was of COGNIGIBLE nature and if was not satisfied with FR (Final Report) of the IO (Investigation Officer), it shows that I.O. submitted a false report, which has become a norm after being rewarded by the accused and hence initiated the proper course of action. ( Please note that despite being this to be normal practice in many of the cases u/s 156(3) CrPC, I am not pre-judging the I.O.)

I would suggest you, dear honorable Lawyer to please don't make fool of the accused and LCI community at large since you are not straight in the case.I have never heard from a lawyer describing the case to be of CIVIL nature.

Please do your home work properly before playing with the life of accused who have betowed their faith on you.

Regards.