original complainant filed one fir under section 465,467,468,471,120(b) of i.p.c.
in police station.police investigate and one accused arrested.thenafter he released on bail.after the investigation over.police filed charges heet..original complainant got charges heet.but looking to the charges heet.police not investigation such point which is made in f.i.r.now original complainant have right to file an application for further investigation?metter pending for evidence of complainant evidence.
Hi! Thanks for the question! From what I can understand here, you want to know whether you can apply for a further investigation by the police as the report that they have already given is not up to your satisfaction.
On this point, the Court Amrutbhai recently held : As per the law, once the court has taken cognizance of the court i.e - once the process of the trial has been issued by the court and the accused has given an appearance in response, the court does not have the power to order a further investigation, by itself or on the application of the complainant. Also that only the investigation agency can, after approval from the court can further investigate a matter if any material evidence is available that has to be taken into consideration.
However, in Kisan Lal Vs Dharmendra Bafna 2009 7 SCC 685, Hon'ble Supreme Court held that a further investigation can be held at any stage.
This implies that you have two options -
1. Convincing the court for further investigation.
2. Talking the police into further investigation of the case.
It is important to keep in mind that there should be something material if you are going to try your hand at applying/requesting for further investigation as the chances are few due to the section 173(8), that does not allow further investigations after cognizance has been taken by the court, as is in your case, and the court will not act in your favour unless your contentions are strong enough. Good Luck!
