JITIN KOHLI (ADVOCATE) 11 July 2009
in case of criminal prosecution if police makes negligence in inmvestigation and does not arrest some accused who has taken part in the crime, then can victim file an application before court of sessions, if yes then in which section of crpc it is possible.
PARTHA P BORBORA (advocate) 12 July 2009
no criminal court has the power to direct the police to arrest a persom during investigation. but during trial if it is found that there is sufficient evidence (arisen out from the case record itself) agaist any person who may is involved with the commission of the offence but not arrested or chargecheeted by police, the court may issue summons or warrent of arrest gaist that person and the accused must face the trial. so it is not necessary to file application before the Sessions Judge first. pl request the PP to thake stapes and if the trial couert refused to sum,moned the accused person even if there if sufficient evidence agaist him, u may file a revision agaist that order before the sessions judge.
Ziaul Haque Ansari (Advocate) 15 July 2009
As per the provisions of section 156 (2) Cr.P.C a magistrate cannot interefare in the investigation.
However the charge sheet can be challenged under section 173(8) Cr.P.C. before the Ld. magistrate of the Ld. Sessions Judge.
And if the Ld. Sessions judge rejects the application for reinvestigation or further investigation as provided u/s 173 (8) the aggireved person canprefer a revision before the Honeble High Court
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