private complaint forewarded u/s 156 crpc
(Querist) 01 October 2009
This query is : Resolved
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 ?
Raj Kumar Makkad
(Expert) 02 October 2009
You can make an application under section 156 (8) Cr. P. C. for re-investigation.
(Expert) 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.