rsagarjain (n/a) 27 August 2007

criminal law

In a pending case u/s 302 RPC, can a re-investigation be ordered by the court on an application by the family of the murdered person

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4 Replies

Shambasiv (n/a) 27 August 2007

Sure. The defacto complainant can always approach the High Court under section 482 of the Code of Criminal Procedure seeking re-investigation. In appropriate cases even change of investigation could also be sought for.

The power is available under section 173 (8) of the Code

rsagarjain (n/a) 28 August 2007

Thanks for the reply. Would it possible for you to give me some case law on the re-investigation

rsagarjain

bupesh (n/a) 28 August 2007

1. State of Maharashtra v. Sukhdev Singh, AIR 1992 SC 210.

2. State v. V.C. Shukla, AIR 1980 SC 1382.

3. Kartar Singh v. State of Punjab, 1994(3) SCC 569.

4. Kalpnath Rai v. State, 1997(8) SCC 732.

5. 2006 (8) SCJ 279 Popular Muthiah Versus State represented by Inspector of Police

6. 2000 AIR(SC) 776,

7. 1993 (099) CRLJ 2964 MAD