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ASGAR FANSOFKAR (ENGINEER)     28 December 2023

Non Cognizable case

Dear Sir,

I have taken a place on rent and have started my business but after few days the landlord Wanted me to vacate the premises and one fine day her sisters came and did forcible eviction and hurt my daughter who was alone there and true her of the premises and locked the shutter with their own locks and they went to the local police station and filed and FIR against us.

however we also went to the local police station and filed and FIR against them but the police was favouring the opposite party we have made a medico legal case in the local Primary Health Centre and ask the police to take the video of the material they have thrown out of the premises but the investigation officer file across NC and favoured the opposite party and did not attach the medico legal case report from the hospital in which we have registered a case for hurting my daughter the investigation officer even after requesting did not oblige and he did not attach the Medico Legal Case report and the video evidence while filing the case against the opposite party and have sent the charge sheet to the court.

the investigation officer has made the case week by which the accused can be accquited by the court

on asking the investigation officer why he did not attached the MLC report his reply was, "the court will ask me and I will reply to the court" ,

kindly let me know what action can I take against the investigation officer for not submitting the MLC report and video evidence to the court .

Thanks to all


Dr. Fansofkar


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     28 December 2023

If your complaint with the police contained all those missing items, then you can file a petition before the trial court under section 173(8) cr.p.c. seeking to reinvestigate or for further investigation of the case through a different IO since the present IO had ommitted the main and essential aspects of the complaint by colluding with the accused.

You can file the said petition in the capacity of defacto complainant. 

 

ASGAR FANSOFKAR (ENGINEER)     29 December 2023

Dear Sir,

My concern is what action can I take against the IO

T. Kalaiselvan, Advocate (Advocate)     31 December 2023

You cannot take any personal action against the IO who has done his duty. 

You can seek justice against the state over the grievances due to improper investigations. 


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