Can I file new FIR for re investigation

862 votes

Respected Madam,

1. In the instance, power to investigate is vested by the Crpc. on the police. The police may arrest and investigate any cognizable case without the order of Magistrate.
2. Indeed if the police finds further vital evidence, oral or documentary, then they can Re-Investigation u/s 173(8) of Crpc. And forward to the Magistrate, after the charge sheet is filed, please note that, there is no statutory requirement for the police to obtain permission from the concerned court to conduct further investigation in the case.
3. Therefore you need not file another case, you continue the same case, if you are thinking that the police are not cooperating in the matter, then you can file a complaint before the magistrate can direct the police to investigate the matter further.

Krishna Murthy Pasupula| Advocate| Hyderabad|

Advocate Krishna Murthy Pasupula LawRato

688 votes

No you can not file another case. If u desire that investigating agency ommitted some vital points, than u can insists the io for additional charge sheet before the court of law.
If ur husband committed any other offence differant than the pevious offence, than u can file another case.

Advocate Sanjay Kumar Patibandla LawRato

945 votes

Hi
Since the Charge sheet is filed, it is not advisable to file another case under same sections 420 and 498 A.
however you can ask the police through court to include certain other important points related to 498A in the same charge sheet.

Or you can file a Domestic Violence case and include the points which are not included in the charge sheet, provided they are under purview of Domestic violence.

Advocate Rajagopalan LawRato