• How can I request the session court for re-investigation?

My husband committed suicide and left a suicide note containing the reason behind suicide and the names of 5 persons who were responsible for his death. So, I have filled a case against them all and now the case is in session court of Nashik. After coming to the court and looking the case papers I found that police has not done some important investigation like forensic of suicide note and there was a DVD containing important confession regarding which my husband mentioned in suicide note. I want to request the court to do forensic of suicide note and DVD. My PP is not supporting at all, I gave application for the same but she refused to sign it. And judge mam told me that I cannot give any application without PP's sign. PP is saying that its a job of Investigation officer. But even the defense lawyer bribed him too and he wrote on the application that he doesn't want to do this investigation. Pls suggest me what can I do?
Asked 1 year ago in Criminal Law from Ahmedabad, Gujarat
Religion: Hindu
You can file a petition on the basis of defacto complainant under section 173(8) of cr.p.c 
The provision of the referred section is given below for your reference:
 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).
You can take the help of your lawyer and draft a petition with details and file it before the court, let the court reject or dismiss the petition, you may take up a revision of the same before the sessions court for relief and remedy.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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Hi, make a request to the investigation officer for conducting forensic of Suicide note and other things in writing and also make request higher official of the police to conduct proper investigation.

2. If they fail to act at your request then you can file a writ petition before the Hon'ble High Court for direction.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. File a Writ Petition before the Gujrat High Court against police inaction praying for a direction upon the police to conduct forensic investigation of the suicide note and presentation of the DVD,
 
2. Pray for submission of the investigation report before the High Court also.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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The role of PP is surely dubious for which he can be put to task. Immediately lodge complaint with DM for removal of his name and appointment of new PP. It will be done,
The file revisional application in hihg court and not in sessions court as sessions court may not be as bold and equipped like a high court.
If you highlight the merit of the case the high court can surely direct for re-investigation.
Another option is to file writ in high court for start iof CBI.CID investigation.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
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 Writ Petition before the High Court for a direction upon the police to conduct forensic investigation of the suicide note and presentation of the DVD.If you believe the PP is biased then also file a petition for changing the court or PP 
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
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PPs in this country are known to be casual in the performance of their duties. You should have engaged a private lawyer long back. This is what you should do even now-engage a private lawyer to convince the court to order a re-investigation. If necessary, High Court should also be moved.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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File an advance petition for more hearing tomorrow  and do it with senior lawyer . Or file an application before high court for proper re investigation and seek interim stay for all process in your case until further orders of the new petition.
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
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You dont worry about the developments.   From your contents it can be understood money has played an important role in this case hence the court is bent upon closing this case at the earliest possible.
The commissioner or any writ petition shall not come to your rescue at this stage.  
Neither your advocate shall be in a position to put pressure on the court because he is just assisting prosecution, so he has very less role to play in this
You wait for the outcome of the case through the judgment passed.
If the judgment is not in your favor, you may prefer an appeal on your own as a defacto complainant, you are entitled for an appeal against the trial court judgment.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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You engaged a lawyer who performed his duty. You must understand that lawyers can only argue a proposition of law before the judge but they cannot bind him to accept it. If the lower court has not accepted your petition then you can lay a challenge to the order of the lower court in a higher court. The case can be carried right up to the Supreme Court. Ordinarily, in such cases it is only the High Court which issues necessary directions. You cannot request the court to delay the judgment.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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1) wait for judgement to be pronounced . 

2) even if you file writ within 4 days merely because writ is pending court wont adjourn the case unless stay is granted 

3) mere writing to commissioner will be of no use as case is sub judice and commissioner will not intervene . 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1. In such cases, the private lawyer does not get chance to plead for the complainant which is done by the PP. this is why the accused party always try to manage the P.P.,

2. At this stage, wait for the order of the Court and if you are aggrieved, file Writ Petition before the High Court as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. You can not file an application before the Court to delay the Judgement,

2. There is no point in writing to the Commissioner since he will not act at all because of the fact that the matter is sub judice.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0

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