Can Police open a case closed by Crime Branch??


A case was registered u/s 307 and arms act in Haryana. The file was transferred to Crime Branch by the local police for investigation. The crime branch closed the file as the parties had reached settlement and gave statement that they had no doubts on each other. so Crime Branch, which is headed by an Additional DGP, closed the file and sent the file back to district IG for closure. but the IG has again opened the file..

few questions arise from this action:

1. Is the IG authorised to reopen the file which was closed by the Crime Branch and closed by a Senior officer to him? or it shows collussion?

2. He has called the complainant u/s 160 for participating in Investigations and the complainant has an inkling that the other party has been able to influence the IG and they might try to trap him in 182/194IPC.. should he go to participate?

3. Can they detain the complainant if he goes for participating in the Investigation on the very first day itself and do they require magistrates permission for implementing 182/194IPC, and will they have obtained permission in advance when it is the very first notice us 160 CRPC??


any clarity and response will be higly appreciated.. time is kind of an essence as the date is monday..

 

regards

 
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I forgot to add that the file was closed by Crime Branch and the weapon and suspect remain untracable...

 
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ADVOCATE

The POlice has every right to reopen the case and to investigate it again even if the charge sheet has been sent to the Court under section 173 (8) Cr.P.C.
 

 
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Junior Lawyer

I agree with the ld. sachin agarwal police can investigate and can detect any past  offence and has been closed due to certain reason ...

 
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