In a case under Gangster Act of UP, IO files in the Court an intimation to start further investigation under Section 173(8) Cr.P.C. on 25.9.2012 and the Special Judge orders for keeping on file. In that case, charge sheet has already been submitted and the cognizance taken by the Court long ago against two accused persons – one in jail and another has not surrendered so far. On 16.10.2012, Spl.Judge issues non-bailable warrant against the another accused on the application moved by a person who was named as witness in chargesheet. The IO filed closure report on 28.10.12 stating that the proceedings of the case seemed to be unjustified on the new facts he found out. The accused person in jail puts up an application for dropping of the proceedings with an application for expediting the hearing. The Spl. Judge asks to put up the application of dropping of the proceedings on the date fixed that falls after about 10 days. But in the meanwhile, he issues proceedings under Section 82 of Cr.P.C. against the another accused person on the application of the witness who happens to be the complainant in another fake case against the accused persons and that only criminal case was shown as gang chart history . Both accused persons are close relatives - son(in jail) and father. In that case too, closure report under section 173(8) by the police has been filed in the concerned court absolving of the alleged offences. What is the remedy available to the accused persons now?
