Investigation officer not filed charge sheet since 4 years
Querist :
Anonymous
(Querist) 28 January 2018
This query is : Resolved
A registred FIR(for manupulaion of govt Fund U/s. 420 465 407 409 etc ) through 156(3) orders in the year 2014.
in 2015 local police has transfered the investigation to EOW Branch of concern district.
now till dated no chargesheet filed by the investigating officer.
can we seek transfer of investigation to CBI or any competent body as the offences are serious and all accused persons are politicians.
Any case law the above point as to direct approach supreme court for transfer of investigation as police failed to follow sec 173(!) Crpc.
Guest
(Expert) 28 January 2018
You need to file a separate Criminal Petition under 482 of CR PC before the concerned High Court Seeking the Transfer to CBI with Very justifiable Legal Grounds in the Petition.You could find many Excellent Advocates in your concerned Court who are very strongly against such Political influences Please. Find them and file your Transfer Petition strongly.
Querist :
Anonymous
(Querist) 28 January 2018
can we approach supreme court as Investigating officer failed to complay 173(1) Crpc?
any supporting case law?
Guest
(Expert) 28 January 2018
No Direct approach to Supreme Court ignoring the High Court will not be allowed.
Guest
(Expert) 28 January 2018
If your matter is pending in High Court concerned application to be made in High court only.
ashok kumar singh
(Expert) 28 January 2018
at first you have to approach the Learned Court wherein the said Criminal Proceeding is pending i.e. Chief Judicial Magistrate or Additional Chief Judicial Magistrate or Judicial Magistrate, through application under Section 159 of the Criminal Procedure Code' 1973, and in the event of rejection only, you can approach the Learned District Session Judge under the Revisional jurisdiction and or to the Hon'ble High Court as the jurisdiction revision is concurrent one with the Session Court and the High Court.
