Legal Question in Criminal Law in India

re-investigation

Sir,

I am facing case u/s. 498a and DP Act, in place ''A'' charge sheet has been filed, trial is yet to start, although alleged offence is committed at place '' B''. The first I/O in his report stated that the case be transferred to place '' B '', but the second I/O of the case in his report stated that the alleged offence occured at place '' A'' and only witnesses examined from the Complainants family side, although the first I/O examined some independent witnesses at place '' A '' but the Court record does not show any information about the independent witness. Can I now move an application for re-investigation of the case or some other application in appropiate Court as I fear that I will not get justice due to manipulation by the Complainants family. Please help me in this regard.


Asked on 5/26/07, 4:11 pm

5 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: re-investigation

If the Reports of both the I/O are before the same Court, then the benefit would go to the accused only and not to the complainant. If both such Reports are before the same Court, instead of re-investigation, consider applying for discharge.

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Answered on 5/29/07, 4:35 am

Re: re-investigation

Information as stated by you are incomplete.All papers relating to court case are required to be examined to give proper advise or to sugest any other course of action.You may contact me on my mobile.

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Answered on 5/27/07, 12:41 am
Vinay Mathur Vinay Mathur & Associates

Re: re-investigation

file a 482 application before the high court ... you will succeed in the appeal

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Answered on 5/27/07, 10:44 am
mrugank patnaik msnp

Re: re-investigation

face trial,take appropriate plea of defence,consulting lawyer.

alleged offence is continuous & multi juridiction case.

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Answered on 5/27/07, 12:34 pm
G. M. Gupta gmguptaandassociates

Re: re-investigation

the case is proceeded where the cause of action or incident arose.

can not advice properly without going through papers

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Answered on 5/27/07, 2:48 pm


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