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

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This query is : Resolved


Author : mohanlal

Posted On 27 April 2012 at 18:45

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!!!!






Expert : PARTHA P BORBORA

Posted On 27 April 2012 at 19:03

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.



Expert : Shonee Kapoor

Posted On 04 May 2012 at 16:15

You would need to face trial.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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