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Vigneshwar (Worker)     29 August 2011

Can a case be reopened after 25 years

 

 

My mother died on January 1985 when i was 2 years old. She died by hanging from a ceiling fan. She was declared "Suicide" and police case was closed at that time . I strongly doubt that there was a fouls play by my grand father and grand mother. They were not happy with my mother and teasing her for her every acts. I strongly doubt that they should have killed my mother and hanged her.Unfortunately my father was away from town due to business work on that day

 

My questions are

1. Whether i can get the documents of the closed case to understand the reason for declaring the case as "Suicide"

2. Whether i can re-open this case if i could find any gaps in the investigation of the case which is closed



Learning

 6 Replies

pratik (self working)     29 August 2011

i also wan the answer.

Samir Jha (Advocate)     29 August 2011

Dear Mr. Vigneshwar,

Criminal code of procedure provides for the limitation with regard to criminal offences. However, in cases that are punishable with imprisonment of more than 3 years, there is no limitation and cognizance of the same can be taken by the Courts.

469. Commencement of the period of limitations.

(1) The period of limitation, in relation to an offence, shall commence, -

(a) On the date of the offence; or

(b) Where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or

(c) Where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.

(2) In computing the said period, the day from which such period is to be computed shall be excluded.

Firstly,you can demand the investigation report and post mortem report from the concnered police station and if they refuse to provide it then you can move an RTI application to procure the same.  The practical problem is the officials may claim that they are no longer in the possession of the documents being very old. hence you have to first ask them a query regarding the duration for which they maintain their records.

Once you procure the documents if you have any apprehensions, and police officials refuse to register your case then you can move the local magistrate under section 156(3) CrPC.

The chances are bleak but considering your question, it is always worth a shot.

TC

Vigneshwar (Worker)     29 August 2011

Thanks Samir for giving me a hope. I will consider doing this rather sitting and feeling about the incident.

mando (Clickalize.net)     30 August 2011

Thanks for all about these informative destails...  

i wanna iask about  How Divorce May Affect Your Green Card ?

 

 

 

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     30 August 2011

Yes you can get the case reopened subject as mentioned under section 468 Cr.P.C to 471 Cr.P.C as the facts narrated above. In my opinion you can get the case reopened. First get the copies of all the documents.  Since the incident was 25 year old the chances of getting all the documents are bleak. Moreover in RTI Act you cannot get the documents / information more than 20 year old.

kvss.prabhakar rao (Advocate )     06 September 2011

Expert Samer jha is correct. wiht out knowing the fact you connot move forward. But it much difficult to get records becuase old record may  in torn condition becuae once case closed no interest to preserve the same, However try at onace you may beter chance.

K.V.S.S PRABHAKAR RAO , ADVOCATE, RAJAHMUNDRY ( A.P. )


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