• Filling of Chargesheet after re investigation of closure report filed in the court

"A complainant deposited money into a cooperative society to purchase a joint land parcel owned by 130 members to get a plot. In 1982, the society purchased 55 Kanals of land with these 130 members. The plot was reserved for the complainant and complainant made payment as do the others; however, despite this reservation, the allotment of plot was never made by the society and allotment letter was never issued and there is no record in the society books that plot was allocated to the complainant. 
Fourteen years later, since the complainant didn't turned up to complete the allotment process, the plot was allocated to someone else in 1997, and the plot's mutation was transferred to another individual after registration with the Tehsildar.
In 2013, the complainant claimed that his plot was illegally occupied and sought possession. The society mentioned they had waited 12 years for the complainant to complete the allotment process, but as they couldn't locate him, they canceled the reservation for the plot through a resolution. While acknowledging the complainant's joint ownership of the 55 Kanals property in the revenue record, the society clarified that the plot was never officially allocated to him due to the incomplete allotment process. They offered reimbursement with interest in 2013, which the complainant declined.
In 2013, the complainant lodged complaints with the police, initially dismissed twice as a civil matter. However, in his third complaint, he provided verbal evidence of possessing the plot since 1982. In 2013, his plot was forcibly occupied by someone else, leading to an FIR in 2014. The police's closure report to the magistrate court highlighted the absence of an allotment letter, stating that the said plot was never allocated to the complainant. The report also acknowledged the society's inability to locate the complainant for 14 years.
Due to a protest petition, the case was sent back to the police for further investigation, which remained inconclusive for four months. Subsequently, the complainant requested re-investigation, directed to a senior IPS officer after 15 months of initial investigation. The ADCP, after re-investigation, submitted a charge sheet to the court, citing that making payment and having joint ownership among 133 members of the 55 Kanals equates to the allotment of the said plot.
Now, the questions arise: Should the police conduct an entire re-investigation when ordered by the magistrate? Despite the same facts and evidence, the initial police inquiry deemed the matter civil. Subsequent investigations revealed no new facts but led to a charge sheet based on the same matter and facts, contradicting the previous investigation that suggested the matter is of a civil nature."
Asked 1 year ago in Criminal Law
Religion: Sikh

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6 Answers

It is no doubt a civil matter and not a criminal offence.

On the basis of the transactions and communications between the individual and the society, it clearly indicates that the individual has purchased the allotted plot by paying the requisite amount.

The society has not denied the receipt of the amount and has even volunteered to return the amount with interest.

This evidently proves that there was a payment made by him, hence he can very well approach civil court with a claim without delaying it any further

 

 

T Kalaiselvan
Advocate, Vellore
87671 Answers
2353 Consultations

1) File petition in HC for quashing of charge sheet 

 

2) take the plea that dispute is of civil nature suit has already been filed by complainant 

 

3) police cannot conduct reinvestigation 

 

Re-investigation without permission is prohibited but further investigation is permissible

 

4) The investigating officer may exercise his statutory power of further investigation in several situations as, for example, when new facts come to his notice; when certain aspects of the matter had not been considered by him and he found that further investigation is necessary to be carried out from a different angle, keeping in view of the new facts uncovered.

Ajay Sethi
Advocate, Mumbai
97469 Answers
7880 Consultations

Query has been replied to 

Ajay Sethi
Advocate, Mumbai
97469 Answers
7880 Consultations

1. The police will act as per the instructions of court.

2. If the police finds that an offence has been committed then it may take a decision accordingly.

3. You can approach court with a petition for further investigation 

T Kalaiselvan
Advocate, Vellore
87671 Answers
2353 Consultations

Dear Client,

In India, a Magistrate can order further investigation if they believe it's necessary for a fair inquiry. If the Magistrate has requested further investigation, the police are obligated to conduct it. However, this doesn't necessarily mean conducting an entirely new investigation. It could involve re-examining certain aspects or gathering additional evidence if available. The police can file a charge sheet if they believe there's sufficient evidence to proceed with a criminal case. However, if the subsequent investigation doesn't reveal new substantial evidence or facts that contradict the earlier closure report, it might raise questions about the basis of the charge sheet. Once the charge sheet is filed, the case proceeds to the court. The court will examine the evidence presented by both parties—the complainant and the accused. The accused will have the opportunity to contest the charge sheet and present their defense. The court will make a decision based on the evidence and arguments presented. You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
10371 Answers
121 Consultations

1. Yes only if there is ground to do so

2. they can file but it can be challenged by you

3 you can go for quashing or for discharge 

 

Prashant Nayak
Advocate, Mumbai
32837 Answers
209 Consultations

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