What is the process if we are reopening the cold case
ajinkya kishore
(Querist) 03 July 2013
This query is : Resolved
Can you please tell me in detail about the formalities of if a cold case, three years old on which the verdict has already been given, and I want to re-open it incase new evidences come in picture. What is the procedure, and how and which court(means lower court, high court or supreme court), where one should file the plea again, and how long the process takes?
Devajyoti Barman
(Expert) 03 July 2013
If the judgement is passed on the same event, then nothing could be done there now except that the Police may start fresh investigation.
ajinkya kishore
(Querist) 03 July 2013
Yes, the judgement has been passed and the victim lies behind the cell. Now the fresh evidences have cropped up.
How to reopen the case now, providing police with new clues which might work in victim's favor, and then take certain actions using the course of law.
Raj Kumar Makkad
(Expert) 03 July 2013
Such case can definitely be reopened either by the local police or the high court if there is strong evidence prima-facie proving the innocence of the accused persons. The example of such innocence are like:
Facing punishment for the murder of A but later on A appeared alive.
ajinkya kishore
(Querist) 04 July 2013
Can you refer me some of the cases, where the cases has been reopened, can you attach the files and mail me on my registered e-mail id - ajinkya.kishore@gmail.com.
Raj Kumar Makkad
(Expert) 04 July 2013
You need to search the relevant judgments on indiankanoon.org
