Legal Question in Criminal Law in India
Chargesheet has been filed by police. Matter is pending in trial court. Can we request investigation for CBI? And not the Mokal police.
If yes, what is the procedure for requesting CBI
1 Answer from Attorneys
Yes under Section 173(8) of the Criminal Procedure Code, you can make an application before the concerned Magistrate Court, for further investigation of the matter. However, it is not within your domain to request for investigation to be done by any specific agency. If this is a high profile case, and there is involvement of high legal authorities, who could prejudice / influence the investigation by local police, then yes, court may grant investigation by CBI or CID Crimes.
Remember, an application for further investigation or re-investigation has to be on specific grounds. SO prepare your grounds as to why u need further or re investigation.
Should you need any assistance in this regards, feel free to contact me.
Vivek N Mapara
Advocate
www.vnmlaws.com
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