Revision application
skn
(Querist) 22 December 2014
This query is : Resolved
Dear Sirs,
Is it allowed to file a revision application when the matter is under investigation?
Case; brief; court has issued the order under 156 (3) to police to investigate against one & more person & a company under section 406, 419 & 420.
However the allegation made in application by complainant are totally false and matter is purely civil because this is sale purchase transaction. Because the complainant has failed to honour the terms of contract payment was not made. Hence he has approached police, checking the documents provided by the alleged, police denied to file the case then he applied to court for order under 156 (3). now the investigation has almost over but report yet to be filed.
Question is can we file the revision application into district court?
Devajyoti Barman
(Expert) 23 December 2014
No revision lies when court directs investigation. You can however go for quashing of FIR u/s 482 crpc.
Civil nature of dispute is not enough to quash a FIR. It is well settled law.
skn
(Querist) 23 December 2014
Thanks sir. if the police has not file report for four months in spite of completing the investigation what should the alleged do? secondly the application for relief can be filed from attending the police station and in which court in higher court or in the same court where the PC has been filed. in the present case higher court that is session court has granted the anticipatory bail.
ajay sethi
(Expert) 23 December 2014
wait for report to be filed . it takes time to submit report . in some cases it takes more than a year as police are over burdened
skn
(Querist) 23 December 2014
Ok. Thanks.
R.K Nanda
(Expert) 23 December 2014
no more to add.
Devajyoti Barman
(Expert) 23 December 2014
wait till submission of charge sheet if you want to go for quashing.
skn
(Querist) 23 December 2014
Thanks to you all, what is the remedy available to accused from attending the police station every week.
In the present case the subject matter is more or less similar to Sunil Kumar vs M/S. Escorts Yamaha Motors Ltd. & ... on 27 October, 1999.
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
Why is the accused attending the police station every week, is it a condition granting bail?, if not whether he was summoned by police very frequently in the name of investigation, the police cannot do so, if the police is unnecessarily torturing, you may approach the higher police officer regarding this otherwise wait until the police files its report before the court.
skn
(Querist) 28 December 2014
Sir, thanks,
Bail condition is; to attend the police station every week.
As advised by all, we are waiting for police report to be filed. However wants to know, if the police delays it, do we have option to apply under 205 for direction to police to submit the report?
