Mastan 03 June 2020

Defacto complainant filing 173(8) application

Dear Learned members,

In a case, a defacto complainat decided to file application for further investigation u/sec 173(8)Crpc after verifying the lapses in the chargesheet which is a result of shoddy investigation.

Now the query is

Whether this 173(8) application to be submitted by public prosecutor on behalf of the defacto complainant OR the complainant has to engage other advocate for this petition?

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Quick Summary

This discussion explores the correct procedure for a defacto complainant to file an application for further investigation under Section 173(8) of the CrPC, especially after a flawed chargesheet. The key question is whether the Public Prosecutor should file it on behalf of the complainant, or if the complainant needs to engage a separate private advocate. The consensus leans towards the complainant filing through their private counsel, potentially via a Section 302 CrPC application.