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s shukla shukla (employee)     06 January 2010

police investigation


my wife lodged FIR under 498A against all my family members.police did not inform us,neither called nor approached us for investigation.the IO on the basis of complaint filed chargesheet.can i file a case against the IO who did not carry out any investigation about such serious case


 10 Replies

shamina sayed (Advocate)     06 January 2010


option no.1 engage advocate and go for quashing the FIR.

option no2.defend yourself ,face the trial.

Devajyoti Barman (Advocate)     06 January 2010

Mere not carrying out of proper or any investigation is not a ground for quashing a chrgesheet as the Supreme Court in many decisions held that error or non feasance on the part of investigating agency alone is not aground for giving benefit tio the accused person.

You could however  file a petition for discharge if prima facie there exists no  traces of investigation or wait for trial.For filing chargesheet only prima facie needs to exist.

sunil pagare (lawyer)     06 January 2010

It is a wel settel law accused cannot be heard before process issued. Now IO did his job investigated the case & file charesheet . u cannot file case on this ground & at this stage.At the time  judgement u can claim compansation aginst the state for involving in false case.

Feroz M Shafeeque (Police Officer)     06 January 2010

You are lucky that your spouse side did not press the IO for arresting you and your family members in this case.  It is the toughest part rather than facing the trial for the accused in 498A case.


I think the IO might not have obtained enough evidence against you and based on the feeble evidences in form of testimonials from the complainant's side charge sheeted the case.


Hire a lawyer and defend the case.  You can come out easily.

1 Like

Raghav Sood (Lawyer)     06 January 2010

all Ld friends are correct still i am skeptical how in a non bailbe offence the io has not even make an arrest anyways you are lucky

but this is Police and  every thing is possible


Raghav - Even in non bailable offence arrest is not mandatory.  Why are you skeptical. Feroz seems to be correct.

s shukla shukla (employee)     07 January 2010

the charge sheet has been submitted to the court. i approached DIG who has ordered for reinvestgation.will i get benefit if i provide copies of all proofs giving an affidavit to IO.can IO change or amend chargesheet now.or if he submits report in my favour,will court consider and may i get relief from the court on the basis of IO's report.

Feroz M Shafeeque (Police Officer)     07 January 2010

The IO can do it. But there should be enough evidences to show that the allegations raised against you are false.


If the IO conclude that the complaint given in FIR was false after reinvestigation, he can submit a report in that effect before the court. If the court is convinced, it will accept that report.



S.B.adil rahman (Legal Consultant )     10 January 2010

A humble submission from me too. If you are satisfied that the police has not investigated the case properly and has worked against the facts affecting you by submitting an untrue report you can sue  the officer under section 218 of I.P.C. You can also submit a petition to the respective State public Information Officer under section 6 of RTI Act  2005 asking the progress of the investigation which is very cheap and can be done for Rs 10/- only. You can also ask the administrative reasons under Section 4(1)(d) of RTI Act 2005 which says to            " provide reasons for its administrative or quasi judicial decision to the affected person".You can visit the web site to get more clear picture of this powerful tool. You can also get the call details from the respective Telecom authority if your application is supported by the copy of the complaint submitted to the police regarding the threat being extended to you on phone.

S.B.adil rahman (Legal Consultant )     10 January 2010

Shamina Ma'm, F.I.R quashing has become a very difficult job now a days. The media hype has frightened the judiciary also. Justice is not being done either to the accused or to the affected persons. I  came  to know a couple of days back that the Apex Court has issued notice to all the Registrars of High Courts asking them for the list of the cases in which the Courts have issued stay order on investigation and trial. Now you can well understand that this step will not encourage the judges to pass any order of interim nature or even for revision under section 482 CrPC . Unfortunately a number of our judges elevated from  the Bar were briefless barristers/advocates with  other resources which helped them to become a judge. So  now when they are enjoying the 5 star luxary as a Judge why they will create flutter and enter in to controversy by quashing the FIR or by staying the proceedings? Take the case of Rathore! the offence under which he has been convicetd is committed in thousands every month. How many of them get the jail term? Conviction is the big victory for the prosecution in this case. But the media which does not know the ABCD of the law is discussing it as if they have got doctorate on the subject. Let the gentleman first use the RTI Act and if it fails then go for the alternative remedy. Exhausting the biggest opportunity at High Court  may back fire if he does not get the favourable orders.

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