An application for re-investigation @ this stage

Gagan Souri (Querist) 12 May 2011 This query is : Resolved
Dear Members,

I am very close to my first hearing[nearly after 14 months] and i did not file any counter till date in my 498a case.

I am very much sure that POLCIE was bribed and no ivnestiagion was taken part.

Can i move an applicaiton for
re-investigation at this stage

If so,

where shall i have to file the petition in HC/Lower Court and under which section.

Will this petition helps me getting a fresh date[probably after 3 months] for my first hearing.

And the old date, which is already scheduled[very close]will be cancelled?

Please enlighten in this regard

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adv. rajeev ( rajoo ) (Expert) 12 May 2011
You could have immediately approached the high court when you doubted the investigation. Now it is not proper time to challenge it in the high court. Even High court without going thru., the case dismiss it. If you want you can challenge the Charge Sheet if you have got any positive points help you.

Sarvesh Kumar Sharma Advocate (Expert) 12 May 2011
better sugestion go to high court and knock the door!

Guest (Expert) 13 May 2011
Although you are entitled to get justice with due investigation or reinvestigation, but after such a long time if you apply for reinvestigation you may at first be treated as using some tactics to intentionally getting postponement to delay the justice, which can go against you. Secondly, you may be inviting the wrath of the police and may unnecessarily make revengeful reinvestigation, even if ordered on your application.

Better observe the due process of justice with reference to the existing charge sheet and challenge the charges based on merits, which the chargesheet might have missed due to improper investigation.

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