hello sir im law student and i've practising as junior and matter is going on-- that is fir lodge u/s ipc-279,337,338,184 person drive a bike and death show under the said fir but afterthat we have go to cause of action place and inquire about themselves and find out a eye witness who has say he was shown the said accident and car slams into another ,it crashes into it with great force and so that such person fall on the road side and cause death. my question is 1) how to deal the fir and how to re - investigaon the said fir. 2) the said vehicle bike under custody of police station so release the said vehicle or not ? for issue of re investigation. 3) or any other point of veiw reliable under th e law. plz advise and reply
In brief: First of all investigation in a criminal case is conducted by the police and not by any Magistrate or lawyer. FIR of a cognizable crime is registered by the police at the police station under section 154 Cr PC and for noncognizable crime under section 155 Cr PC, but for the investigation of cognizable crime, the police can do so without permission of any Magistrate. However for investigation of noncognizable crime, police is mandatory required to obtain permission from the competent Magistrate under section 155(2) Cr PC. So the investigation of a crime is conducted by the police only. The bike can be released by the court if its owner applies for it with the documents. Reinvestigation of cognizable crime is also possible but with the permission of the court.