Home | Legal Advice | Criminal Law | Further investigation is being conducted with mala-fide intention

Further investigation is being conducted with mala-fide intention

Shivendra Pratap Singh

Advocate

12/02/2019/ 10:15:01 PM

Reading Time:

My girlfriend has filed a false case of sexual harassment. She filed FIR under section 354 A of the Indian penal code. Indeed, she induced me to establish a sexual relationship with the sole purpose to extort money. I trapped on the web; I had sent some WhatsApp messages that exhibit my lust.

She filed FIR for rape by those messages. She wants to extort money from me. Therefore, she made such false allegation. When I did not fulfil her demand, hence she made such allegation. I’m not committed any offence.

Now the investigating officer has initiated a further investigation to collect evidence regarding the offence of rape. What could I do against the further investigation conducted by the investigating officer? Do I have any other remedy?

You said that charges are false because you did not commit any offence. As of now, the investigating officer has submitted a charge sheet under section 173 of crpc. It prima facie infers that there are some materials in support of the allegation. Generally, the investigating officer submits charge sheet upon collection of sufficient materials regarding the commission of the offence.

In the current scenario, you have one remedy to evade from the charge sheet. You can move a discharge petition when the court admits the charge sheet. The court is not bound to disclose charge sheet in toto; the court has to examine the charge sheet and the materials accompanied in addition to that. After that, court frames charges against the accused.

Accused has the opportunity to oppose the charges, framed by the court, on the ground that no sufficient materials are available in their support. It would help if you bore in mind that you cannot produce any evidence, but you have the right to invite the attention of court towards infirmities of the charge sheet.

Further investigation

As far as the further investigation is concerned, it is permissible on the discovery of new facts [State of Andhra Pradesh versus A.S. Peter (2008) 2 SCC 383]. The police have the right to further investigation under section 173(8) of the CrPC. Police can conduct a further investigation without an order of Magistrate because it is a statutory right of the police officer [Rama Chaudhary v. the State of Bihar, (2009) 6 SCC 346].

Further investigation is not a fresh investigation; it is a continuation of the earlier investigation. Hence, you have no remedy to stop further investigation. It is prerogative of the investigating officer.

If you think that charge sheet is baseless and bald, then you should challenge the same. If the charge sheet contains no cogent evidence in support of alleged offence, then the court must reject the charge sheet. You should move a discharge application and show that materials accompanied by charge sheet do not support the allegation.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CRD?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

A guilty person can lodge an FIR

Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity? Asked from: West Bengal Guilty...

Can I lodge an FIR after ten years of incident?

Question: My boyfriend had raped me in my PG when I was studying in engineering college. Now I have joined a multinational company and am working in Bangalore. He has traced me and is now trying to establish a relationship. I am married and a mother of two childs. Can...

Whether prostitute’s customer commits offence

Question: Police is calling prostitute’s customer. The police said that it is an offence under Section 3/4/5/7 of the Immoral Traffic Prevention Act. I want to know whether prostitute’s customer commits offence if he had sex with her? Mrs X is doing some sort of...

Conviction in violation of Section 50 NDPS Act

Question: Please advise whether I have any remedy against the conviction in violation of Section 50 NDPS Act. On 2nd April 2018 Mr. Takunichi was on his way to Changlang from Itanagar travelling in a white Scorpio bearing registration No. XXXX. His friend Mr. Dikunima...

My wife has filed false FIR

Question: My wife has filed false FIR under Section 498A/406 IPC. Section 3 & D P Act, against me and my old aged ill widow mother. I am the only child and my wife and her parents are hell-bent to take divorce. She wants to remarry. Hence they told me they will...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54