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Harekrishna D Choudhary   31 May 2017

Based on protest petition filed, can enquiry be ordered ?

Hi! I had a life taking attempt , I lodged the complaint with police and as was sure the enquiry would be fudged, before chargesheet was submitted, I filed a protest petition, where I have asked for constituting a special investigating team as he is hand in gloves with the administration and inclusion of further sections of IPC and few more names.

The police submitted all bailable offences in the report. The report should have contained 326,307 and few others.

Today was the first day after chargesheet had arrived.

My lawyer said let cognizance be taken as per the bailable sections, we will talk about setting up an SIT team, inclusion of IPC non bailable sections on later dates.

On the internet I read cognisance can be taken only once, and even do read that magistrate does not have powers for further investigation, and nor can set up an enquiry committee.

So the question arises that if today cognisance is taken and summon issued does it mean that the petition has entered post cognisance?

At what stage of a case can a magistrate order enquiry by special investigating team, apart from the police, I have evidence to show the opponent to be hand in gloves with the administration?

At what stage of a case can a magistrate order inclusion of additional names into the case?

At what stage can a magistrate order a judicial enquiry to sought additional evidences? 



Learning

 1 Replies

Raveena Kataria (Advocate )     22 June 2017

You can deal directly with the magistrate (u/s 156(3) of the CrPC) if you feel neither the police nor the superintendent will take appropriate steps for the opening up of a proper investigation into the offense you’ve reported. The magistrate could then take the cognizance of the offense u/s 190 CrPC and/or he may order the police for immediate registration of F.I.R./ and for conducting proper investigation into the matter. 

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