Dear Sir;
In this case, the procecution evidence has copleated on last hearing, and the case is now fixed for defence evidence.
Brief facts are as under:
- The I.O. recived a complaint aginst accused, but he did not reproduced it in F.I.R.
- I.O. made a enquiry and lodge the case according to its own findings after one year u/s 420,467,468,471,384 IPC.
- He shown himself as a Complainent in FIR
- And after investigating the case, another I.O. filed a Final Report u/s 173 Cr.P.C. Showing that there is a lack of evidence and some documents have been send to FSL, further action will be taken after the report from FSL
- After a period of one year the Court accepted that Final Report.
- But after accepting the FR by the court the first I.O. (Who is complainant also) get back in action, He collected the handwriting of one persions, Send it to FSL with the handwriting of accused which he has taken already during investigation.
- That, this FSL report was against the accused.
- The Police fieled a new Challan u/s 173 Cr P C u/s 468 & 384 IPC and court framed charges. Matter is pending trial since last 12 years.
On the last date the I.O. of the case has disclosed all the things shown above during cross examination.
My question is at this stage, should I go for defence evidence or I should make a request to stop proceedings as Second Report u/s 173 Cr P C is the result of Reinvestigation after filing a Final Report under said section of Cr.P.C. Which is illegal and bared by Sec 173(8) itself.
If so under which section of Cr p c should I proceed.
Thanks and Regards
Shiv Kumar Sharma
