You can go for an appeal in high court against the order passed by the lower court.
Case 420/468/471 of bank fraud committed by my relative
Flow Chart of Case : FR on the case filed by police -> We protested in lower court -> Rejected -> We moved to ADJ -> case accepted and sent back to lower court -> At the same time accused went to High Court Allahabad before any order made by lower court U/S 482 -> HighCourt ordered for bail within 30 days . > Now lower court has ordered Re-investigation in place of summoning accused . ( Lower court has ignored ADJ order / HighCourt ) . Now again police will file FR and case has gone 5-6 year back . Pls suggest , What can I do ? Can I go High Court for summoning ? Pls help me .
Asked 6 years ago in Criminal Law
Religion: Hindu
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10 Answers
See as per the order since the matter was remanded back the lower.court may seek reinvestigation to its satisfaction going to high.court on this may not be fruit ful
Yes, you have to again move to HC and till that lower court had ignored ADJ order, so kindly look in it.
Hi,
The high court has got ample power under section 482 cr p c and you may use it for quashing of recent order by lower court and also for direction to police and lower court fir time frame decision of the case.
let further investigations be completed as per trial court orders
only on receipt of report from police would court pass orders for issue of summons
The appellate court has remanded the case to the lower court for proper action.
The lower court has rejected the final report filed by the police and sent the case for re-investigation by police.
This is the proper and correct procedure that has been followed by the lower court and ther is no legal infirmity in it.
The time delay in this is unavoidable.
Once the re-investigation is done by the police based on that report the court may initiate steps to either summon the accused or to close the case if there are no merits in the case.
Approaching high court for summoning accused may not be entertained by high court since the decision of the lower court need not be interfered since it is proper and legal.
If tjf above te investigation is done as per hc order you need to challenge the same in sc. If not then you can go before hc under writ petition
You can again file revision if protest dismissed. HC will not interfere at pre cognizance stage, where police has already submitted FR.
The allahabad high court did not give him any relief as such. It must have given him an opportunity of filing a bail application in the lower court as per the directions in LAL KAMLENDRA....case.
Therefore the lower court has now ordered reinvestigation and based upon that ot will issue summons to the accused.
You should oppose the bail application and in case it is granted then file an application for cancellation of bail.
Regards
Youbcan gobtobthe high court other specific directions.
Dear Client
First of all re investigation doesn't mean filing of New FIR it means an investigation is needed in old FIR and submit the report again.
But if you think you are aggrieved by that order then you can file revision of this order in Session court for summoning of accuse and begin trail.
