Re-investigation (Cr pc 173(8))

Querist : Anonymous (Querist) 20 May 2010 This query is : Resolved
my case of 498A,406 has been closed 24 months ago due to withdrawal letter of my wife and Further action dropped has been endorsed by judicial magistrate. But now she has made a representation to Commissioner of Police saying that her signature has been forged and asked for reopening of the case & the Asst commissioner has sought permission from JM to reopen the case and the case has been reopened..
Now can the Asst comissioner reopen a case after 24 months?
Can this reopening be done without filing additonal evidence or proof in JM court?
Can the Asst comissioner reopen an already closed 24 months old case just by a letter given by the compaintaint?
if this cant be done.... can u please quote relevant sections or judgments.

Follow Query

Report Abuse

Kiran Kumar (Expert) 21 May 2010
try your luck before HC by way of Quashing Petition under S.482 Cr.P.C

Uma parameswaran (Expert) 21 May 2010
Strong grounds needed to reopen a case.

vijay (Expert) 21 May 2010
police can not. there can not be retrial beacuse once trial is ended. action of police authority is illegal. you van approach the high court for quashing.