Re-investigation/further investigation to add 307 IPC
A incident occur in March 2016 with my two brothers 5 months ago, that 10 people beaten to my brothers almost kill them, but fortunately they are alive my brothers got whole body injury and 5 stitches on younger brother (brain) back head and 10 stitches on elder brother head, we file FIR on same date but some how police politely played a game with us as accused group handled very well to local police, police says to us remove the Arms word from your FIR and we remove as knowing that police will investigate and mention all the charges and will arrest to accused person, but police nothing did with them they got bail very easily without any arresting and custody, and police submitted charge sheet after two months with section 323, 325, 506, 34 ipc.
Now case is in 3rd local court and we are trying/appeal to add 307 acts and request for re-investigation or further investigation but its its not accepted by local court so kindly advise, that what need to do or where to move for fair justice and to add 307 as we have all deviance and eye witnesses.
Note: Government hospital injury report mention only scalp injury and stitches in his report (as its is also hampered
Asked 11 months ago in Criminal Law from Asansol, West Bengal
You can apply to the court to order further investigation by the police. If even after further investigation police does not file chargesheet under section 307 then file a protest petition to the court.
1) it is necessary to peruse order passed by local court rejecting application for reinvestigation
2) file revision application against said order before high court
You can file a petition before the trial court seeking re-investigation by the police under section 173(8) cr.p.c. as a defacto complainant or through APP. If the petition is dismissed, you may take up a revision against this petition seeking relief through sessions court.