Investigation
pummy jain
(Querist) 31 December 2015
This query is : Resolved
what is the difference between re-investigation and further investigation in legal terms ?
Dr J C Vashista
(Expert) 01 January 2016
What is taught to you?
Dr. (Maj)J C Vashista, Advocate,
email: majjagdish@yahoo.com
+91 9891152939
Consultancy Room, Lawyer's Chamber Block I,
Delhi High Court, Sher Shah Suri Road,
New Delhi-110 003
also:
Ch. No 647, 6th Floor, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110 075
P. Venu
(Expert) 01 January 2016
Please post the material facts concerning your problem, if any.
ABDUL RAZIQUE
(Expert) 01 January 2016
after completion of investigation under Sub-Section (2) of Section 173 of the Code, the police has right to further investigation under Sub-section (8), but not fresh investigation or re-investigation
dev kapoor
(Expert) 01 January 2016
Hi,
I wish to add a little more to friend A Razique's opinion."Re investigation" in fact means "further investigation" as contemplated under S.173(8).Even an accused or the real complainant has the right to seek an order of 'further investigation' in order to highlight/produce evince/document which go the root of the case but were overlooked by I.O. or it did not come to his notice on one reason or the other.If it is essential for ascertaining true and unvarnished facts, even H.C. can be approached for obtaining an order of further investigation.Otherwise no right is vested in investigating agency or any one else to re-start investigation at his whims and capriciousness.This stage can be conceived mostly after investigation is complete and charge sheet is produced in court.I.O.has to place important proof/material before concerned court and obtain an order of further investigation.In that case he has to submit a 'supplementary charge sheet' or else accused or the real aggrieved person can seek such order on showing that if further investigation is not permitted important evidence would not be brought before the court for dispensation of justice so on and so forth.
ABDUL RAZIQUE
(Expert) 01 January 2016
Thanks for more Dev Kapoor Sb.
dev kapoor
(Expert) 04 January 2016
Welcome Mr Razique...
T. Kalaiselvan, Advocate
(Expert) 07 January 2016
I agree with the views of expert Mr. Dev Kapoor about highlighting the provisions of section 173(8) cr.p.c.
