quesCan writ be filed in criminal case where wrong investigation was done?

Can I file a writ in a Crime case wherein wrong investigation has been done by the Police and I want to file a writ against a third party.

 

If yes, then under what section / rule can this be done?

 

  • ans 

    First of all, we request you to provide us with the entire facts. Please specify the crime committed by the third party.

     

    Secondly, writs are extraordinary legal remedies offered to individuals who do not obtain adequate protection under ordinary laws. Articles 32 and 226 of the Constitution of India empower individuals, whose rights have been violated, to seek legal cover through writs.

     

    Usually writ petition can be filed against the State which has been specifically defined under Article 12 of the Indian Constitution. Article 12 of the Constitution is reproduced as under:

     

    “In this part [i.e., Part III], unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”

     

    In view of above, Article 12 has four components: 

     

    a) The Government and Parliament of India- 
    Government means any department or institution of department. Parliament shall consist of the President, the House of People and Council of States.

     

    b) The Government and Legislature of each State.

     

    State Legislatures of each State consist of the Governor, Legislative Council and Legislative Assembly or any of them.

     

    c) Local Authorities within the territory of India Authority means

     

    I. Power to make rules, bye- laws, regulations, notifications and statutory orders.

     

    II. Power to enforce them. 

     

    Local Authority means Municipal Boards, Panchayats, Body of Port Commissioners and others legally entitled to or entrusted by the government, municipal or local fund.

     

    d) Other Authorities:


    Authorities other than local authorities working:


    ( i ) Within the territory of India or; 
     

    ( ii ) Outside the territory of India.

     

    Therefore, a writ Petition can be filed to compel any entity that comes within the definition of state under Article 12 of the Constitution to do or to refrain from doing an Act. 

     

    In view of aforesaid section, if your third party is a private individual, then you cannot file a writ petition. 

     

    Kindly contact us for any further details and action.

     

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Criminal lawyers in India

Criminal Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years


Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 23 years


Advocate Sunil Dalal

  New Friends Colony
 Experience: 19 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly