Can 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?
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.
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