Do not go for the further investigation.
In 498A case getting conviction is very rare.
So you can always take your defence in prosecution and come put acquitted.
Sorry, this lawyer can't accept your request, but you can request consultation with another lawyer
Further investigation or re-investigation?
Chargesheet has been filed in the trial court against me and my parents u/s 498,406,354,377 and 34 ipc. However argument on charge has not taken place and case is still at a very primitive stage in the court of delhi. despite the fact i gave all the required documents to the IO to assist him in the investigation regarding which a D/D entry no has also been alloted to me when i submitted the documents still the IO did a very selective investigation and intentionally omitted the documents i gave him so as make a one sided case of prosecution strong.... The IO of the delhi police where fir is registered also did not include the investigation report submitted by the mumbai police which was against the girl. Mumbai happens to be the matrimony home of the girl. So my question is that i am a bit confused as to what can i do in a sutuation like this ??? A) should i pray for further investigation or re investigation?? B) should i approach the trial court first or the staight away approach the delhi high court by filing a writ ???
Asked 5 years ago in Family Law
Religion: Sikh
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12 Answers
You should request for further investigations
2) approach trial court first
Have you preserved a set of documents you produced before the Police Authorities ? Have you got an inward mark on the copy preserved by you ? If both the above is yes then apply before the Hon'ble Trial Court through your advocate and seek the documents appended with the Investigation Report of the case. Then place a Special Criminal Application before the High Court stating that documents provided by you were intentionally concealed or not marked for records of the Investigation in the matter. Hence, re-opening/fresh investigation through distinct unbiased IO should be done. If you have merits in your statement with corroborative evidences substantiated with your petition, then the Court will definitely order for fresh investigation considering the earlier one biased and non-est.
if all the documentary evidences are not being considered by the IO then first apply to the lower court complaining against the same
if the lower court does not pass any order for the necessary directions to the IO, then you can approach the HC in a writ petition
A. Since, the I.O of the case has not included the investigation report by the Mumbai police which you have submitted to him , then you can move an application before the same court for the same.
- Further if rejected by the court , then at the time of evidence , you can also produce the said report before the court.
B. Otherwise , you can approach the High Court as well.
Well thanks for your advise...well okay i will approach the trial court for further investigation.... My follow up question is under which section of IPC can an accused file an application for further investigation in the trial court ???
Asked 5 years ago
Under section 173(8) of cr pc magistrate can direct further investigations by the police
1. You have to go to the Trial Court for getting the copies of the investigation report filed by APP in your matter. In order to get evidences from authorised source to substantiate your argument on improper/irregular/insufficient/biased investigation of your case.
2. On receipt of such documents, reconcile the same with those submitted to the Police Authorities by you at the time of investigation.
3. After gathering all these evidences, approach Hon'ble High Court u/s. 463 r/w. Sec. 482 of Code of Criminal Procedure, 1973 for violation/non-compliance/insufficient compliance of procedures provided for under Sec. 281 of the Code.
1. Re-investigation or further investigation cannot be sought by the accused especially at the initial stage or after the police have filed the charge sheet before the court.
Only defacto complainant can seek a further investigation or anything.
The accused can challenge the charges in the trial proceedings on the basis of the documentary evidences he submitted before police already during the the process of investigation besides the ones he may additionally rely upon.
2. There's no use of approaching trial court or high court on this as the procedure of law is different to that of your thinking.
Instead you may approach high court with a petition under section 482 Cr.P.C seeking to quash the charge sheet.
If you still insist on further investigation by police then you can file a petition under section 173(8) cr.p.c.
You may better discuss with your advocate before taking any hasty decision.
1. You committed the mistake of trusting a cop.
2. In this scenario you should have filed a petition for fair investigation in the High Court and sought a direction from the High Court to IO to make all the documents given to him a part of the investigation. This would have ensured that IO performs his duty in a fair manner, but you missed the bus.
3. Now that he has filed the chargesheet you can apply for discharge but the prospects are very bleak.
4. It is trite law that at the time of discharge the court cannot examine any document of defence.
5. Further investigation can also not be ordered in a mechanical manner unless the documents on record cast shadow on the conclusion of IO.
- You can move an application under Section 173(8) Cr.P.C.
Under 173(8) crpc
