cpc

further investigation


Dear Experts,

Kindly clarify the following.

1. On a defective Charge Sheet & Final Report, whether a Defacto Complainant can file a Petition to Magistrate for 'Further Investigation'?

2. On such Petitions, whether the Magistrate has power to order IO for further investigation?

3. Or is it the only option available to approch High Court for remedy?

Thanks in advance.

Deepthi

 

 
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Lawyer

File a protest report through your lawyer giving all the details before the trail court requesting for further investigation

 
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Originally posted by : Dr J C Vashista, majjagdish@ya
File a protest report through your lawyer giving all the details before the trail court requesting for further investigation

Dear Dr.Vashista,

Thank you very much for your quick response & advice. Whether to file a Protest  Report or Protest Petition?

Regards,

Deepthi

 

 
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Advocate

You may refer to the provisions of section173(8) of Cr.p.c.in this regard.A mere reading of S.173 (8) Cr.P.C. makes it clear that irrespective of report under sub-section (2) forwarded to the Magistrate, if the officer in-charge of the police station obtains further evidence, it is incumbent on his part to forward the same to the Magistrate with a further report with regard to such evidence in the form prescribed. The provision also makes it clear that further investigation is permissible, however, reinvestigation is prohibited. The law does not mandate taking of prior permission from the Magistrate for further investigation. Carrying out a further investigation even after filing of the charge-sheet is a statutory right of the police. Reinvestigation without prior permission is prohibited.

 
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Originally posted by : T. Kalaiselvan, Advocate
You may refer to the provisions of section173(8) of Cr.p.c.in this regard.A mere reading of S.173 (8) Cr.P.C. makes it clear that irrespective of report under sub-section (2) forwarded to the Magistrate, if the officer in-charge of the police station obtains further evidence, it is incumbent on his part to forward the same to the Magistrate with a further report with regard to such evidence in the form prescribed. The provision also makes it clear that further investigation is permissible, however, reinvestigation is prohibited. The law does not mandate taking of prior permission from the Magistrate for further investigation. Carrying out a further investigation even after filing of the charge-sheet is a statutory right of the police. Reinvestigation without prior permission is prohibited.

Dear Mr.Kalaiselvan,

Thank you for your reply. But my query is whether a Magistrate on his own can order for a further investigation  u/s.173(8)/ 190(i) in the event he satisfied that (i) Charge Sheet is defectve, (ii) Investigation was not conducted properly, (iii) Charge Sheet & Final Report filed confirms commissioning of Crime but relavent doc's confirming the crime is not enclosed to the Report.

 In this case of the Complainanat referred, the IO has not enquired any of the Witness including the Complainant & IO himself prepared those  witness statement u/s.161& submitted the same with Final Report. Even though the Complainant furnished all necessary doc's along with his complaint, those doc's find no place in the Final Report.The only doc enclosed to the Final Report is the 5 Witness Statement u/s.161.   That means that the IO has delebrately not carriedout the investigation during the 7 months period (FIR in Feb.'14 & CS+FR in Sep.'14) & without arresting the accused, he got them AB. Magistrate already taken cognizence & process issued. The summon to the accused is yet to be issued. Hearing in Dec.'15

Under this circumstances, if the Complainant files a Petition, whether Magistrate can order for further investigation u/s. 173(8)? Whether filing the Petition now for further investigation is too late? If it is too late what are the optiions available to the Complainant?

Regards,

Deepthi

 
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