Legal Question in Criminal Law in India

To
Sanjay Kalra
Sanjay Kalra & Associates
My earlier Q' was:
A FIR for 498a, 406 has been filed in a state( lets say-Z) where the police has submitted Report-B without proper ..................................was already filed in my state-P)
Your Answer:
Who are you ? Are you a girl or the boy in this case ? if you are a girl then how could you file a FIR in Z when you are living in P? Please clarify.
My clarification:
I am a woman. As the matter of incident happened at State-Z ( matrimonial state) so I filed compliant there and subsequently FIR also lodged. I was not aware whether that same can be done in State-P. As a result the groom side got opportunity to influenced the report just to avoid the court proceedings.
So my question is 1) Do I have to file Protest petition at State-Z?....If not accepted then
2) Can a new FIR be lodged against them in State-P?
I really need help.

Asked on 8/27/11, 8:51 am

4 Answers from Attorneys

Vishwa Arya Arya & Co.

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So my question is 1) Do I have to file Protest petition at State-Z?

Yes, you will have to file your protest petition before the same court where report under section 173 Cr P C has been filed by the police. Your protest petition must precipitate and point out the infirmities in the investigation and what are the possible evidence which the police did not bother to collect.

....If not accepted then

You may challenge the order of the magistrate before the court of Sessions in case your protest is not accepted and FIR is closed. Another option is to file a Criminal Complaint under Section 200 Cr P C (preferably in the state Z, as you admitted the jurisdiction of state z) before the Magistrate and lead evidence. If based on the evidence you lead, the magistrate is satisfied (just on the face of it - and not microscopic examination) about the commission of offence, the magistrate would summon the accused persons.

2) Can a new FIR be lodged against them in State-P?

No, in my opinion, you cannot file another FIR in state P on the same cause of action, unless the magistrate has closed the FIR only on the basis of jurisdiction of state Z. But if report was on merits and report has been accepted in spite of the protest, then, you cannot file another FIR at state P.

Have you got the copy of report and discussed the report with any an advocate?

Answered on 8/27/11, 6:07 pm

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Sanjay Kalra Sanjay Kalra & Associates

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You dont have to do anything as mentioned here in above . You can move a petition to Supreme Court for transfer of your investigation from one state P to another state Z and if you are not happy with the investigation then also you can request the court to transfer the same to CBI.

Answered on 8/29/11, 2:30 am

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