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Pushkar (DR)     05 May 2013

Investigate a case when already rejected by court

Dear experts,

The facts of the case are as follows:

A police complaint was lodged against me by my brother in relation to a property. The police investigated the case and found nothing against me. Thereafter.an application under 156 3 was rejected by the JM court. Thereafter, a revision was filed in sessions court.

In the mantime, a FIR was registered against another person for forging signatures to obtain mutation of a part of the same land which my other brother sold as his share. The property is located adjoining mine so have the same khasra number.

So, recently the complainant filed an application wth DIG police to investigate my property case with the case in which FIR was registered as he said that its the same property. In his application he mentioned that the case related to my property was previously dismissed my the JM. The DIG has ordered investigation. Thereafter, the complainant withdrew the revision in the sessions court saying that his application for investigation has been honoured and he does not want to pursue the revision. So the revision was dismissed.

My question to experts is whether the DIG can order investigation even when the JM court has dismissed the case saying it is a civil matter. Can I file complaint against DIG or the complainant. Please advise what i can do here as it it is a clear misuse of law.



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