01 October 2009
sirs, i have forewarded a private complaint u/s 156(2) crpc through a magistrate court to a particular police station.court forewarded my complaint and police laid the charge sheet after investigation. but, the problem is that one person whom i have cited as a witness ,was also arrayed as accused, along with other persons whom i have shown as accused. so, here, i would like to know , what i should do to make him as a witness again or the police has the final say ? can i order re-investigation ? if so, under what provision ? salilkumarp
03 October 2009
1] YOU MAY FILE APPLICATION FOR RE-INVESTIGATIONN. OR 2]APPROACH HIGH COURT, YOU GO THROUGH THE FOLLOWING RULING IT WILL HELP YOU- COMPLAINT FILED BEFORE MAGISTRATE - COMPLAINT SHOULD NECESSARILY BE FORWARDED TO THE OFFICER -IN -CHARGE OF THE POLICE STATION CONCERNED WHO HAS TO REGISTER AN FIR ON THE BASIS OF AVERMENTS CONTAINED INN THE COMPLAINT- A PERSON AGGRIVED FROM THE INVESTIGATION CAN APPROACH HIGH-COURT OR STATE GOVERMENT FOR APPROPIATE ORDERS.- OM PRAKASH CHUGH V/S STATE OF HARYANA AND OTHERS.- 2001 SRJ 482.