Want of re-inquiry
sunilkumar
(Querist) 28 October 2012
This query is : Resolved
dear experts
allowing the petition Ist class magistrate court had ordered to re-investigate the criminal case framed against me the case is absolutely false. but the inquiry officer (Dysp) did not conduct a fair inquiry and has filed the report to the court.now i have filed again a petition before the magistrate court stating the facts and praying to direct the crime branch for a re-inquiry and taking a case against the officials who misuse the power,under the prevention of corruption act
my first question is that whether the Ist class magistrate court has the power to direct crime branch to conduct a re-inquiry.
next is that whether the Ist class magistrate court has the power to direct crime branch to register a case against the officials
what is the genuine remedy in this case
Adv.R.P.Chugh
(Expert) 28 October 2012
No the magistrate has no power to order a re-enquiry on the application of the accused. If you think that the enquiry/investigation is vitiated by bias/arbitrariness then High Court should be approached in it's writ jurisdiction, which has the power to order a re-enquiry by another agency even the CBI.
sunilkumar
(Querist) 29 October 2012
now the petition is under the consideration of the magistrate court. can i move to high court before taking a decision from the MC. i want to a reply to the question whether the action ie. submission of the petition before MC for taking case against the officials under prev.of anti.corr.act is right
Devajyoti Barman
(Expert) 29 October 2012
If you have already filed any petition before the Magistrate then wait for sometime for its disposal.
Once order is passed against you, if at all, then go to high court in revisional jurisdiction where you could pray for several reliefs.
