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Pushkar (Mr)     01 September 2013

Police reinvestigation

Dear learned experts,

I am in a bit of trouble and need some suggestions from experts on this forum.

A criminal complaint was lodged against me in 2012 in a property case in which I was co-owner. The police report said that it is a civil dispute and no police action was needed. Thereafter, the complainant approached court under 156 (3) crpc. The magistrate called for a police report again and receiving a police report in my favour again and the JM dismissed the complaint saying its a civil issue and should not be given a cloak of criminal offence. The complainant filed a revision in sessions court. Recently, the complainant filed another complaint with the DIG asking for investigation of the case by mentioning some manipulated facts and the DIG ordered another investigation and the police is asking me questions again. The criminal revision in the sessions court was also dismissed at the request of the complainant himself where he said that the DIG has ordered investigation of the case and therefore he did not want to press the revision.

My question is that, can the police investigate again when the court has said it is a civil issue. Is it not contempt of court. I have already written a statement to the investigating officer that the complainant is filing false report and requested to prosecute the complainant under 182 and 211 crpc. Can the IO file a FIR or chargesheet against me when the same offence has already been termed as civil, both by police and the court. Please advise. I am very troubled by constant police interventions even when the issue is civil, the complainant has not even tried to file a civil case. What should I do.?

 

Thanks a lot in advance for your valuable time.



Learning

 3 Replies

R.Venkatesan (Advocate - Madras High Court)     01 September 2013

File a Criminal Original Petition to high court for Direction to police not to harass u/s 482 Crpc.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 September 2013

If there is any preliminary evidence which made out the offence then the police can lodge the FIR &  start investigation but without FIR the police can not investigate the matter.

Pushkar (Mr)     02 September 2013

Dear Nadeem Sir,

I agree with your point. But as mentioned in my original post, the matter has been investigated 3 times by police and the judicial magistrate has also dismissed the complaint saying that it is a civil issue and the criminal law cannot be misused. So that is why I was wondering how can police investigate again even after themselves saying it is a civil matter and after the court also endorsing that view.


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