498a & 406
fishaqi
(Querist) 28 July 2012
This query is : Resolved
I am a US Citizen and presently living in United States.
Following are my case details.
November 11, 2007: Wife left home in my absence in United States and later filed DV case which was dismissed.
She then filed divorce case.
Feb 4, 2009: Divorce Granted by New Jersey court on the basis of matrimonial settlement agreement.
March 4, 2009: She visited India and filed a 498A and 406 with Hyderabad police by suppressing all the facts and pretended to be my wife in the complaint.
July 2010: After 1 year of investigation & seeing the divorce decree, DV dismissal order ,Matrimonial settlement agreement etc. a Final report was filed by the police as lack of evidence and court has recorded the same after giving notices to the complainant at the local address. Complainant was abroad and has not furnished her US address.
June 2011: complainant's paternal uncle a (GPA holder) filed a protest petition in the court which was dismissed stating that the case is not maintainable.
July 2012: Complainant came back to India filed a review protest petition in the court and the decision is pending in the court. also complainant approached the police and insisted them to re open & re investigate the case & same has been filed in the court by the police for which also decision is pending .
Complainant left back to United States.
Now, the complainant's mother who is still in India has lodged a petition with the police to reopen the case by using influence in the police department.
Police has requested court for re-investigation by citing reasons as initial investigation was not proper.
Please let me know what could be the outcome of their efforts.
Thanks.
ashutosh mishra
(Expert) 28 July 2012
Unfortunately Police have the right to reopen the investigation even after submission of charge-sheet u/s 173 Cr.P.C. If fresh facts come to light. Such fresh investigation can be made even after commitment proceedings and commenced and even after commitment proceedings had been terminated, and no prior permission of court was necessary.
In your case you may get solace by a writ in High Court in case further investigation is proceeded.
fishaqi
(Querist) 28 July 2012
Hi Ashutosh,
Thanks for ur prompt reply. Actually, my case was closed before the trial itself as lack of evidence & this was accepted by the court after serving notices to the complainant for 2 months. Now after 2 years of closure,the complainant came to India , approached police and the police have filed a petition to reopen the case. In these circumstances, can police ask the court for re investigation & re opening of case under sec 173. Also I want to know can a court open a closed case? She has also filed a petition to review the protest which was filed by her uncle on her behalf in June 2011, which was dismissed stating that the case is not maintainable. Now both the petitions I.e the protest and re open of case ( filed by the police ) are in decision pending stage. Now pls advise me what will be the outcome of these 2 petitions. Thanks in anticipation.
