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Re-investigation of case after issue of summons for cross examination
10-Jan-2023 (In Criminal Law)
Hi, I have been victimised with section 376 of IPC . A fake case is filed against me and the case is on trials now. Charges have been finalised and now summons issued for girl's cross examination. But, at this stage the other party wants to re-investigate the case with the ground that they haven't added the evidences for the case. Please clarify me that is it possible to re-investigate or further investigate the case at this stage and if yes then how can it be happen because judge has declined to accept such application. Kindly help me. Thanks.
Once the case is in trial and it is before the Learned Judge, then it doesnt matter who wishes what... Its the Judge's prerogative and once the application for re investogation is declined by the Judge, then no question of any such reinvestogation. The trial has different stages and now it has been fixed for cross of the complainant as you said... So that stage will go on.
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Adv. Pritam Kothadiya
Delhi | 25+ Answers
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What is counter case in Indian law
Cross case judgement
Difference between cross case and counter case
Case and counter case should be tried together
Cross FIR case latest judgement of Supreme Court
separate trials must for cross-cases, rules supreme court
Two suits on same cause of action
Magistrate has no power to pass an order for reinvestigation but the complainant may improve her statement during deposition before court of law and court may also consider as evidence if it corroborated.
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Adv. Avnish Sharma
Delhi | 25+ Answers
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Fresh application moved by the prosecution to further investigate the case will benefit you...As you have moved application for cross examination. Your advocate should strongly contest your case terming it as fake & cooked up to damage your reputation.The case can be investigated again & again as long as the judge think it is necessary to deliver fair justice.
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Adv. Vijay Sahni
Delhi | 100+ Answers
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