Further investigation u/s 173(8) of cr.p.c

mohanlal (Querist) 27 April 2012 This query is : Resolved
If original informant (Victim) files “Writ Petition” for further investigation U/S 173(8) of Cr.P.C by an “Independent Agency” because shoddy investigation was carried out by the police with mala fide intention

And

If the Writ petition gets rejected on the ground that there is no cogent reason for further investigation by an “Independent Agency”

Then

Will there be any impact of this rejection of “Writ Petition” on the remedy available with the trial court (Metropolitan Magistrate’s Court) for Further Investigation U/S 173(8) of Cr.P.C by a different police officer.

Brief History of the case:-

1. The charge sheet submitted 21 month ago.
2. Two dates has been passed so far.
3. No charge has been framed yet.

Kind Suggestions/Advice Please!!!!

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PARTHA P BORBORA (Expert) 27 April 2012
First of all a lower court has no jurisdiction to entertaining a prayer which was reject by the high court. And as the charge sheet has been submitted and as it is in the trial stage you cannot file a petition for reinvestgation by a lower court.