further investigation

Querist : Anonymous (Querist) 03 August 2011 This query is : Resolved
I have submitted sufficient data to the investigating police officer, regarding the faults in their investigation, which made them to reopen the case. The matter is in ADJ court, commitment is completed and bail of all the accused has been done. Now the IO has submitted one application to the SDJM court for reopening the case file.
I want to know, whether Sub-Divisional Judicial Magistrate or Additional District Judge has the power to order the IO for reopening the case, when the case file is with ADJ.

Follow Query

Report Abuse

Advocate. Arunagiri (Expert) 03 August 2011
The IO need not get permission. He can also do the further investigation, while the case is pending in the court.

Advocate Rajkumarlaxman (Expert) 03 August 2011
further investigation can be done when the case is pending in the court. so no need of separate permission from the court but if moved the have to authourity under law to pro ceed.

Querist : Anonymous (Querist) 03 August 2011
LOt of thanks to both the above experts.As of now, I heard that the appeal of the IO to SDJM was forwarded to the ADJ. But the ADJ denied to do on that appeal and has instructed the IO to again appeal before the him through Public prosecutor. The IO will again appeal tomorrow to ADJ.
What can be the interest and reason for denying the forwarding letter of SDJM by ADJ?

Ajay Bansal (Expert) 04 August 2011
See section 173[8] Cr.P.C.

Querist : Anonymous (Querist) 06 August 2011
Saying just section173(8)is not expected from an expert. sorry.

The matter being committed to the session of court, the public prosecutor to file a petition at the court of session on the basis of the application of the investigating officer.

It is being followed now in my case.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries