Civil Procedure Code (CPC)

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Siv (engineer)     22 March 2011

Improper Investigation in Criminal Case

Hi,

a wife filed false case against husband and her relatives. Husband also file a criminal case on wife and her relatives. Both cases registered and investigated. Wife filed the case at her location and husband file case at his location in different states.

Durign the investigation of the Husband preferred case police are refusing to collect the evidence and documents that clearly prove that wife alleged allegations are false. Now police is saying that they will file closure report in husband's case and police said to husband that he can challenge it in court.

My questions:

  1. Can husband ask court why police refused to get the detaisl from husband and investigate the case...and seek better investigation agency to probe the matter in depth.
  2. Can husband ask the police in court why certain documents and evidences are not furnished as part of the closure report...if police fail to give proper response can husband file case on police saying they did it desperately though husband remainded multiple times.


 3 Replies

Legal Fighter (Advocate)     22 March 2011

send documents by post to senior officers, then file RTIs seeking diary numbers of the same.

Narinder (Advocate)     23 March 2011

COURT CAN NOT INTERFERE IN INVESTIGATION OF POLICE. IF POLICE IS NOT TAKING THE DOCUMENTS FROM YOU THEN YOU CAN SEND THOSE DOCUMENTS TO THE HIGHER OFFICERS AFTER MENTIONING THE CASE NUMBER. pOLICE CAN ALSO COMPEL A PERSON TO PRODUCE THE DOCUMENT FROM HIS POSSESSION.

Vikas Nagwan (Legal Consultant)     26 March 2011

court generally do not interfere in an ongoing investigation although in cases of malafidy investigations the magsitrate may order the police to investigate it properly.... there are certain judgments on it... just file an application before the concerned magistrate... consult your lawyer about it before filling the application...


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query