prashant_raman (private) 10 December 2012

Application in the court under section 173(8) & section 311

In 498A case the charge sheet was submitted 8 months before.
The case is on evident stage since then (i.e. from 8 months) but no witness has come till date to the court though the summons has been received by them.

Last week girl came to court & has given application in the court under section 173(8) & section 311 that court should order for additional inquiry as I/O has not done enough inquiry and I/O has not taken witnesses of neighbour who was in his home on her last day in matrimonial house .
She also requested for submitting additional documents in the case.

I want to know is there is such provision of fetching additional witnesses and documents after so many days of submission of chargesheet and why witness no.1 (girl) is behaving as like appilcant (i.e state govt.) in the case. She should do her part i.e appear in the court.

Experts please suggest me how to object this appilcation from 498a girl?

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3 Replies

Munirathnam (Scientist) 12 December 2012

She has the right to do submit the documents in support of her complaint but if she is creating new incidents then you can always object but not in Magistrate Court but in the High Court under section 482 of CrPC.

But after court has taken cognizance normally court do not allow investigation under section 173(8) of CrPC but will allow application U/s 311 of CrPC.

What is your fear in this regard even if she files application U/s 173(8) and 311 of CrPC.

surjit singh (Assistant) 12 December 2012

I do not think the court will allow the application for further investigation when summon has bene isused to the witness, because if she want to have new witness to depose before the court she can do provided the court permits during the trial proceeding. Object the petition for further investigation by the police on the ground that this will lingeron the trial.

Munirathnam (Scientist) 13 December 2012

Dear Surjit Singh,

Investigation is right of the police. Court has no power to oppose it. Even without permission of court, police can do further investigation.

Further investigation may be carried by the police at anytime, even after disposig the case but court has to take the decision weather to accept it or not.