Can lower court can give order to investigate the mater which is i file under 200 crpc other p.s

noor (Querist) 08 September 2011 This query is : Resolved
i file petition under 200 crpc to reffer the my mater to other ps for investigate the matter i have dought that my case is fit for murder but the area ps where is offence occure that showing that it is accident case accoording to post mortem report and photograph my case is purely murder case i pray to lower court to refer my case to any other ps but the hon'ble court refer to same ps and they are returne my complaint with the letter they are saying that this is already enquire done bye me but so far same result kind i praying that to refer any other ps . Her question is arise that the lower court is having any power to reffer my case to CBCIB or ACP or any other area ps under the juridiction of same court .
Am requesting legal experts to advice me with any supreme court sitation is there please send me am thanks full to u my case is posted on 16/9/2011 for the purpose t6hat dought the lower court is having power or not please help me

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Advocate. Arunagiri (Expert) 08 September 2011
While the petition u/s 200 cr.p.c is presented, the court is having all such power to do any of the following:-

1. Take it on file.
2. Order for police investigation
3. Dismiss the petition.

M/s. Y-not legal services (Expert) 08 September 2011
Usually lower court can pass order to initiate the investigation to concern authorities only. But if you want to change of the investigation mean you have to approach your high court.

Raj Kumar Makkad (Expert) 08 September 2011
Noor! I think you need to go through criminal procedure code more seriously. FIR can be got lodged only by the police station in whose area crime had been committed. Even Judicial Magistrates are also entrusted with particular police stations and complaints under section 200 Cr. PC are filed before the area Magistrate so you should not expect from such JMIC to send your case to some other PS. You either approach higher police officials and make public pressure upon them to do needful or go to High Court and file writ therein. JMIC can do nothing if police after investigation has filed its report. Now either you depose evidence in the complaint case or withdraw it for filing it before HC.

M/s. Y-not legal services (Expert) 08 September 2011
Nicely advised by makkad sir..

prabhakar singh (Expert) 09 September 2011
yes! Expert : raj kumar makkad is right.

Guest (Expert) 09 September 2011
Perfect advice by Shri Raj Kumar Makkad.

Raj Kumar Makkad (Expert) 09 September 2011
Thank a lot senior experts.

girish shringi (Expert) 11 September 2011
I will go with Mr. Makkad,perfect analysis.

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