A false cross case u/s 420 had been filed in Orissa through court in May-2012 against myself and four other family members by a person in individual capacity and he has died in November-2012.The Police after investigation done by an Inspector and then by a DYSP, found the complaint as false and motivated and filed a Negative FR in the matter before the ACJM for acceptance.One of the son of the expired complainant filed a complaint with senior officials making allegation of bribery at previous level for submitting false negative FR and the SP office asked the case file from the ACJM for its review(and not for re/further investigation u/s 173(8) ) and the made a full re-investigation in the case and once again recommended filing of Negative FR which has been done by SHO before ACJM for acceptance. The matter is listed to be taken up by ACJM on 8th Sept-2013.
Again the sons of the Individual Complainant(who has expired in Nov-2012) has been threatning us that they would file protest application against the Negative FR and shall get the case re-opened.This had been and currently being done for revenge for making the complainant and his sons as proved guilty in original criminal case for which they are facing trial in positive charge sheet.
My Query:-
01. Was SP(through the SHO) right in asking for returning the case File with Negative FR submitted to ACJM for acceptance merely by an application for review and without exercising the powers u/s 173(8) and conducted a re-investigation in the same matter which was concluded by two IOs.
02. Currently the sons/daughters/wife of the expired sole complainant has any right to file a protest petetion in the second negative FR in the same matter,. None of them have made any kind of Substitution in the matter anywhere.?
URGENT please..........
