Legal Question in Criminal Law in India

F.I.R.

I filed 156(3) cr,p,c under sect.420,406,468,471,506IPC in trial court delhi on 2/6/08 against accused.The case is pending trial from 2/6/08.From 2/6/08 ten dates was given.Status report filed by concern police & I submitted my complite writtten arguement.Next date of hearing is 17/2/08.But court is delaying for F.I.R. order.What can I do for early hear of F.I.R order.Can I go for mandamus writ in high court.After submition status report of police and written argument of complainant what is the maximum time of court for order on 156(3) complaint.


Asked on 11/24/08, 5:19 pm

7 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: F.I.R.

There is no maximum time limit.

Approaching High Court at this stage may be premature.

Couple of month is never regarded as delay.

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Answered on 11/25/08, 4:05 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: F.I.R.

Already Replied

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Answered on 11/25/08, 6:12 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: F.I.R.

Already replied.

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Answered on 12/23/08, 5:20 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: F.I.R.

Duplicate question. Answered already.

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Answered on 11/24/08, 6:33 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: F.I.R.

The police files a status report only after investigation; the investigation is started after registering FIR. Therefore, your statement seems to be apparently incorrect or based on wrong information.

You should contact your lawyer to know the correct position.

In any case, you may approach the High Court u/s 482 of Cr. P. C. for appropriate directions.

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Answered on 11/24/08, 6:35 pm
Nasir Butt Nasir Law Associates

Re: F.I.R.

Police cannot produce its report without being registration of FIR first. You have to seek assistance of High Court under section 482 of CRPC for the registration of FIR. After registration of FIR, Police will be under statutory obligation to investigate the offence and produce its report in Court of Law.

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Answered on 11/24/08, 8:19 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: F.I.R.

your complaint and application u/s 156(3) needs to be read before one recommends you for filing a writ of mandamus. it may be so that the contents of complaint do not make out an offence under sections mentioned by you. there is no res judicata as far as criminal law is concerned and you may amend your complaint or file it again after withdrawing the present complaint that clarifies how the offence was committed. it is advisable you mail the complaint and the status report filed by the concerned SHO. which police station is it?

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Answered on 11/24/08, 11:50 pm


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