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Rahul   19 September 2016

Re-inquiry of 498a after cancellation report is submitted

If a 498 cancellation report is submitted by IO and court gave bail on that behalf 1.5 years back, can SP orders the reinquiry if girl gives application for re investigation? If yes, how much are chances that SP will revert back the decision of cancellation by previous DSP ? Does not it becomes a case that he will hv to order inquiry against previous officials also who gave cancellation report ??


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 3 Replies

adv.bharat @ PUNE (Lawyer)     20 September 2016

Rahul SP can't review the previous order given by authority since court had given direction on it. If u like my suggestion then give THANK on my profile.

Sachin (N.A)     20 September 2016

Originally posted by : Rahul
If a 498 cancellation report is submitted by IO and court gave bail on that behalf 1.5 years back, can SP orders the reinquiry if girl gives application for re investigation?
If yes, how much are chances that SP will revert back the decision of cancellation by previous DSP ?
Does not it becomes a case that he will hv to order inquiry against previous officials also who gave cancellation report ??

 

When matter is in court , court will  take decision??

There is no need of re-enquiry because your wife still have fair opportunity to produce evidence in her favour in front of court and if she doesn't have any proof then What is the purpose of re-enquiry.

Rahul   22 September 2016

Thanx for responses. I want to clarify here that cancellation report was submitted in court in my bail case and that case ended 1.5 years back after my bail was granted Fir cancellation report is still lying in SP office till date n hence the re inquiry is being initiated by ASP If re investigation is initiated can the opposite party move in to court for cancellation of my bail ? Can court cancel my bail now just because the re investigation is initiated ???

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