Partha Mukherjee
in Criminal Law
Asked December 30, 2017

Application for investigation

  • 6 Answers
  • 923 Views

Are an accused person chargesheeted U/S 279,337 and 304A. make an application before M.M. for Re Investigation

Answers 6

1. The Trial Court has no such power.

2. If accused aggrieved by charge sheet filed by police then he may challenge the same before High Court.

Agree Comment 0 Agrees over 3 years ago

No, Magistrate has no powers. One can move such application before High Court. It cannot be a ground to reject claim petition in respct of accident cases.

Agree Comment 0 Agrees over 3 years ago

Yes, if the investigation in done as per provision of crpc you can file application for reinvestigation

Agree Comment 0 Agrees over 3 years ago

Dear Friend,

Re-investigation cannot be issued by Magistrate. The result of FIR do not effect the claim petition filed by injured person.

Agree Comment 0 Agrees over 3 years ago

Hi Partha,

Neither complainant nor accused has right to file application before M.M for Re-investigation or further investigation. M.M is not vested with powers to order further investigation at the instance of both of them. Only police seek permission from M.M to further or re-investigate the case. It is under section 173(8) of CRPC. 

you can gainfully refer Supreme Court Citation dated 02/02/2017 in Criminal Appeal No. 1171 of 2016 between "Amrutbhai Shambhubhai Patel Vs Sumabbhai Kantibhai Patel" .

Regards,

Ajit Lakhani

Agree Comment 0 Agrees over 3 years ago

applicaion can be made by accused, but its the perogative of the magistrate wheather such an application may be allowed. 

Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.