Legal Question in Criminal Law in India

Hi sir,

****** FIR Missing *********

My FIr filed in april 2009 with pressure from ADGP ofthe state as the other party were highly influential.

After giving eyewitness statement and lots of enquiry in person by the police dept till they haven't filed charge sheet .. Again with petition given to DGp and lot of pressure finally they have written charge sheet. When they submitted to Govt Public Prosecutor The FIR is Missing .. they have been searching the FIR for past 1 month. They are favouring the accused due to financial influence from them . The accused in FIR lives in USA. Now he is in INdia. its my preassumption that they are doing it intentionally so that By the time they find FIR and Submit charge sheet the accused gets lots of time to return to USA.

what should I do to find FIR. once the accused leaves India the FIR will automatically comes out but he will be escaped from all his false doings. to whom should I complain reg FIR Mising

thank u


Asked on 5/01/10, 12:23 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

A copy of FIR is immediately forwarded to the Magistrate as per section 157 Cr.P.C.

Anybody can apply for and obtain copy from the Court of the Magistrate.

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Answered on 5/01/10, 12:32 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

As advised before, you may file an application seeking a direction to the FIR to obtain passport of the accused and keep the same in police / court custody.

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Answered on 5/02/10, 3:18 am


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