Further investigation
JM
(Querist) 18 November 2012
This query is : Resolved
I have read some of the articles here on further investigation, and would be grateful for advice on my situation:
1. False 498a case, chargesheet submitted, magistrate has taken cognizance and issued summons. Accused have not yet appeared and trial has not started.
2. I have documentation to establish malafides of IO right from the beginning including forgery by IO, etc.
I am thinking of requesting a further investigation and have solid evidence to back this up. What is the right way to do this?
1. u/s 178(3) of CrPC before Magistrate who took cognizance issued process?
2. as above, but u/s 156(3) of CrPC?
3. Writ to HC?
Nadeem Qureshi
(Expert) 18 November 2012
Dear Querist
You should filed an application u/s 178(3) of Cr.Pc for further investigation, if magistrate reject your application then you can file before higher court.
no need to file Writ Petition before HC.
Feel Free To call
Rajeev Kumar
(Expert) 18 November 2012
You can file u/s 178(3) before magistrate who took the cognizance in case your application rejected by magistrate then move to higher court. There is no need to directly filing an application before highcourt at this juncture.
Devajyoti Barman
(Expert) 18 November 2012
Mere falsity of allegations is no ground for re-investigation.
If there is prima facie non disclosure of any crime then go for quashing.
