Re-investigation taken in 498a-good or bad? for husband
Querist :
Anonymous
(Querist) 11 June 2011
This query is : Resolved
Husband filed Restitution of conjugal rights and wife immediately after that 498a,406 4 of DP-Act and Crpc 125 and also divorce.
I waited till I/O to file charge sheet got CC numbered at J.M. Court and collected all evidence from police through RTI and made complaint against I/O. The I/O was given departmental action under 8 charges. Re- investigation petition under Crpc 173(8)was submitted by new I/O and waiting for court order. J.M. Court returned 3 times the petition with remarks for corrections. 1. Is that further investigation will be beneficial for husband? Can we expect for Mistake of fact or 'B'-report? 2. Is that police will try to establish the old charges in new Charge sheet? to justify their investigation. 3. Is that advisable to go for quash of charge sheet in HC ? please advice.
Devajyoti Barman
(Expert) 11 June 2011
1. After re investigation the Police may submit Final Report or submit another charge sheet with additional charges. So it depends upon the Police to determine. 2.Old charges would not be repeated. 3. Without knowing the merit of the charges it could not be advised.
Somnath mukherjee
(Expert) 11 June 2011
after reinvestigation the police file a new charge sheet or may file final report.it is depend upon the charge sheet.the rest of question can be depend upon the investigation
PALNITKAR V.V.
(Expert) 11 June 2011
It all depends on how the I. O. takes the complaint filed by you against the IO. If the IO takes it otherwise with a revengeful attitude, he may fix you. If he honestly investigates, he will submit a faithful report. Anyway, option of quashing should be taken only after final report is filed after investigation
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