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vijay (consultant)     28 February 2010

reinvestigation

In the present case the accused is not satisfied with the investigation carried out by state police.Since the criminal has made crime in two sates,the accused wanted to make reinvestigation.in such situation can his counsul prefer application to national police commission?

Till then what is the fate of case in trial court.

Vijay



Learning

 4 Replies

N.K.Assumi (Advocate)     28 February 2010

Refer to section 36, 156 and 173 (8)CrPc.The right of reinvestigations is conferred on those authorities under the code.

Bidhan Dave (Advocate)     28 February 2010

The accused has no say in the investigation. He can not demand that the investigation be carried out as per  his suggestion or wish.

If the investigation is nor proper, the accused will have his chance to prove his innocence in the trial court

Bidhan Dave(Advocate)

Pvt_RajKing (Private)     04 April 2010

As pointed out by someone already, you do have an opportunity to make such a valid representation if you have enough evidences & supporting arguments for the reinvestigation. It can be done under 156 with the magistrate and the Supreme Court has laid this law very clearly few years ago. Take a look at it at:

https://www.indiankanoon.org/doc/1836621/

Hope this helps!!!

vijayan (lawyer)     04 April 2010

Re investigation is a matter of prosecution and not of an accused . If investigation is not proper, approach high court and convince there with real facts of the case with evidence .


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