Legal advice
n.k.sarin
(Expert) 04 September 2011
Ther are serious injuries on the body of your client,it is a clear case of attempt to murder, kidnapping, forgery and loot.I am not a criminal lawyer, but I can suggest you that you must file a application describing all the facts in the court of chief judicial magistrate to change and ammend the F.I.R according to the facts of your case and on the basis of medical report or you can move to the high court and file a writ petition for the same
prabhakar singh
(Expert) 04 September 2011
rightly advised by Expert : n.k.sarin
PARTHA P BORBORA
(Expert) 04 September 2011
It appears from the medical report that the injuries are grievous in nature and caused by sharp cutting weapon, so the case should be registered under Section 326/307.
but a Criminal Court can not interfere police investigation.
You may knock the door of a High Court.
Raj Kumar Makkad
(Expert) 04 September 2011
Criminal Court is fully competent to deal with such situation even under section 173 (8) cr. P.C. as well as under section 216 Cr. P.C.
Court may order for re-investigation from some other reliable competent officer and even can alter the charge if the medical evidence narrates some other story than described in FIR. So move an application before trial magistrate instead of directly going to High Court.
SANJAY GUPTA
(Expert) 05 September 2011
you submit your papers before the police officer because its only police officer who can help you out at this stage of investigation even no court has power to interfere in the investigation, you can file narazi petition as stated by mr.makkad but after police submitted his report or chargesheet.
Kiran Kumar
(Expert) 05 September 2011
I agree with Mr. Makkad.
PARTHA P BORBORA
(Expert) 06 September 2011
Section 173(8) applies only after submission of a Charge sheet/ final report by the police after completion of investigation and Section 216 applies at the trial stage. But during investigation whether a criminal court has the power to interfere police investigation? if yes under which Section of Cr.P.C?
NANDURI VENKATA RAMA SURESH.
(Querist) 04 September 2011
This query is : Resolved
