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joy   12 April 2016

Further investigation u/s 173 or discharge 239 ?

Dear Experts,

Earlier I had posted query with regards to discharge application u/s 239 however one of my learned friend advised me to file petetion for further investigation u/s 173 once I receive chargesheet.

Further investigation petetion because police didnt do any investigation. My siblings who stay with me, they were not called for investigation or no statement taken from them. Also they didn't take statement from my neighbours. I can say they did nothing in the name of investigation. Prima facie crime places is my place but police registered FIR at my wife's place and they never informed our local police station for investigation.

Will the further investigation petetion help in my 498A, 323, 114, 506(2), 504 case ? Or I should go ahead for discharge application u/s 239 once I receive chargesheet ?

Please advise. Thanks



Learning

 6 Replies


(Guest)
Are u magistrate....???? Section 239 crpc magistrate will discharge u if he thinks u r not guilty...cmeon man open up details what u want

(Guest)
173 section is not for further investigation

(Guest)

from your post one thing is clear that police did not properly do investigation. they file case in your wife's place. now you want a relief from these sections, ok ? am i right ?

 

forget about further investigation. this will make things complicated. all you have to do is file a quash petition in court, present your neighbours and your siblings as witness showing that police did not properly do investigation. if you are right, the court will quash the damn case.

 

be happy. file a divorce petition after your case is quashed. there is no need for such a wife.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     13 April 2016

further investigation is not require and you have no right to make payer before court for further investigation and it will not draw fruitfull result for you as you are a acused . you said that police had filed case beyond jurisdiction it is bad in law and it will give you benefit if you use it porperly. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 April 2016

You can file petition under CrPC 340 and justify the reason for any further judicial inquiry u/s 173(8) crpc.

 

CrPC 340 is is as follows: -

 

When upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of Sub-Section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-

record a finding to that effect;

make a complaint thereof in writing;

send it to a Magistrate of the first class having jurisdiction;

take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do send the accused in custody to such Magistrate; and

bind over any person to appear and give evidence before such Magistrate.

The power conferred on a Court by Sub-Section (1) in respect of an offence may, in any case where that Court has neither made a complaint under Sub-Section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of Sub-Section (4) of section 195.

A complaint made under this section shall be signed,-

where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;

in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.

In this section, “Court” has the same meaning as in section 195. 

joy   07 June 2016

@Rocky....I tried searching your profile for sample petition of perjury 340 which I can apply in my 498A case. Can you please help me with draft ?

 

Thanks


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