Legal Question in Criminal Law in India

Is this a valid FIR

Ld counsels,

Below is the sequence of events.

1. Compliant's father files a complaint

2. Statement was recorded from complainants daughter and the opposite party

3. Complaint was withdrawn without registering any FIR

4. After one month another compliant was filed by the daughter with addtinal allegations.

5. FIR registered. It was mentioend in the FIR that first information was received on the date of second complaint. But there was no mention of first complaint in FIR.

Is this legally right way of registering the FIR based on a second complaint one month after the first compliant.


Asked on 4/19/09, 2:01 pm

5 Answers from Attorneys

Re: Is this a valid FIR

No.it is not legal.Howevere,details are required to be examined.

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Answered on 4/22/09, 8:22 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Is this a valid FIR

the second cpmplaint is valid inspite of non mentioning of certain facts like previous complaint.

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Answered on 4/20/09, 2:00 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Is this a valid FIR

If FIR was not registered on the basis of first complaint, then second complaint can be filed.

As far as improvements or additions in second complaint is concerned, you may take benefit thereof at trial.

Ensure to call first complaint in the court from the police station at the earliest.

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Answered on 4/20/09, 4:51 am
Pranav Desai PD Legal & Associates

Re: Is this a valid FIR

Already answered.

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Answered on 4/21/09, 1:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Is this a valid FIR

The issue will now be decided by the Court. You may want to engage a local lawyer for appropriate guidance.

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Answered on 4/21/09, 2:58 am


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