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virtualgod (na)     24 June 2013

Re investigation of 498a/323

in case of 498a/323/504/506 if the investigation officer inclined to the girls side and filed false report can this be challenged if someone has connection to IG, DIG SP of police?

If not can the re-investigation be ordered by the court if lawyer fights for it?

Also, we have come to know that the investigation officer after eating money from girls side is already preparaing to file the report even before mediation fails? Can they do that?


I have also heard that even though court has ordered that no arrests shall be made in this case anymore but police after filing the chargesheet can still do it?



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 7 Replies

**Victim** (job)     24 June 2013

Originally posted by : virtualgod

in case of 498a/323/504/506 if the investigation officer inclined to the girls side and filed false report can this be challenged if someone has connection to IG, DIG SP of police?

If not can the re-investigation be ordered by the court if lawyer fights for it?

Also, we have come to know that the investigation officer after eating money from girls side is already preparaing to file the report even before mediation fails? Can they do that?


I have also heard that even though court has ordered that no arrests shall be made in this case anymore but police after filing the chargesheet can still do it?

 

Brother i am assuming that you are located abroad and i can tell that anything is possible once the matter comes in the hand of police. But one thing is certain that once the FIR is prepared both you and your wife will go through hell of court matters coz your burden will be to quash FIR and moving applicating to high court U/S 482 and her burden will be keep case running both will have to appear in court matter. Now assuming that you are abroad you should not worry about anything that is happening in india just wait and watch. There will be one day your wife will come for negotiation in terms of withdrawing case and alimony settlement.

 

 

P.S. Check ur inbox on LCI

1 Like

virtualgod (na)     24 June 2013

Dear Victim, I am suffering like hell. I am not in a position to visit India due to lots of financial and other issues. Now on top of this if the Passport is also seized, it will be the worst thing to happen. Are you outside India as well? Do you know how to prevent the passport seziging from happening?

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     24 June 2013

Mr. Virtual 

In criminal law there is nothing to suggest that reinvestigation may be permitted, however thare is a provision for further investigatin.

 

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 June 2013

Dear Querist

S per section 173 (8) of Crpc, the further investigation can be start.

Section 173(8) in The Code Of Criminal Procedure, 1973
(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub- section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub- sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub- section (2).
 

virtualgod (na)     25 June 2013

IO is asking for money. Is it really possible for IO to say that the entire FIR is false if he realizes this and he can really put that in the final report?

Harsh (Manager)     26 June 2013

@author,

1) if police is asking for money to help you, i say you should take the offer within your limits. ask him how he can help you since the FIR is completely false.

your real battle is with your 498a wife, IO will ask money in most of his cases. your battle is not with corruption here, so dont worry about corruption yet.

IO can write a favorable chargesheet or a B report. read about them on the internet.

in many cases IO will not help the husband at all, so try and use your oppty.

2) If he has not done proper investigation, his case would fail in the court. So after chargesheet is filed your lawyer can review it and take next steps.

3) Before case reaches the court (chargesheet), Police can do many things and really it means lot of ghapla can be done no  need to worry much. your lawyer has a job too, let him do it.

 

I still suggest if you can use IO's offer and minimize your damages very good. It will save you a lot of time in future. But dont offer to settle with money at PS. Let the matter go to court.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 June 2013

CS can not be altered, only additional CS can be filed.

 

Also accused can not ask for further investigation. Either MM suo-motto or on request from the complainant/ PP can order such further investigation.

 

 

Regards,
 

Shonee Kapoor
www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

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