Investigation

Querist : Anonymous (Querist) 17 December 2010 This query is : Resolved
Is there any difference between the terms and orders for further investigation, reinvestigation , fresh investigation and de novo investigation !

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 17 December 2010
No. All words represent the same set of fact/act.

Devajyoti Barman (Expert) 17 December 2010
yes

Advocate. Arunagiri (Expert) 17 December 2010
I differ.

Further investigation is done before the FIR is closed. cr.p.c. 173(8)

Reinvestigation is done after the FIR is closed. reopening of the case.

Fresh and de novo investigation is ordered to a new investigation agency to investigate, the matter already done by a different agency.

SAANJAAY GUPTAA (Expert) 18 December 2010
Yes i agree with Mr. Arunagiri

PALNITKAR V.V. (Expert) 18 December 2010
Mr. Arunagiri has given elaborate reply.He is correct.

s.subramanian (Expert) 18 December 2010
When a Police officer comes across any further information anew on the commission of the offence that he has investigated and submitted his final report before the court of law,Sec.173(8) vests him the power to do further investigation and submit a supplementary charge sheet. This legal provision can be resorted to even by the de facto complainant when he feels that the matter requires further investigation by applying to the court for the said relief. Courts can also direct such further investigation if they are not satisfied with the final report filed in the matter.
Reinvestigation can be ordered by a court when it comes to the conclusion that the final report is not satisfactory or the closure of the case against anybody on any ground by the police is incorrect and improper. It can be ordered when the court finds that there is enough material to proceed against the accuse and that the proseucting agency has not properly done the investigation. In such cases,the investigation starts afresh.
Fresh or de novo investigation is ordered by the court when it finds that the prosecuting agency which did the investigation has not propely done the same and there are some reasons for doubting the propriety of such invetigation. In such cases, the court can order fresh or de novo investigation by the same agency or by a different agency in the interest of justice.

Kirti Kar Tripathi (Expert) 18 December 2010
I concur with the views expressed Mr. Subramanian.

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