LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

amit   12 May 2015

How to get added as complainant in fir

Hi, I have a bit of a unique question- How do I get added into an existing FIR against builder? My greivences are the same as other 4 complainants in the FIR and also the accused party is the same too. I have full details of the FIR and also in touch with other complainants.

There are certain reasons why I want to do this as it will lead to quicker resolution of problem by putting more pressure on the builder who has cheated us of our hard earned money.

Will be grateful for all inputs.

Thanks

 

 



Learning

 6 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     12 May 2015

Co-complainant is now not possible but make separate complaint

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     13 May 2015

Sir, Go to HC under 482 Cr.P.C and get it done .... Warm Regards Kapil Chandna Advocate 9899011450

advocate nitin kumar (lawyer)     14 May 2015

it does not matter whether you have been named in the FIR or not. In the interest of justice the court shall and will do every possible effort so that justice is served, the advocates and parties also serves as a helping hand in the process.

but when the case is registered in the court you can move a motion with the help of your advocate to add you as a competent party to the suit. kindly read order 1 of CPC for further clarifications (in case of civil suit)

Order 1 Rule 1 says that all persons may be joined as plaintiffs in one suit where a right to relief in a same transaction is alleged to exist in such persons either jointly or severally. It can also said that if such persons brought separate suits any common question of law or fact will arise. These persons can be joined in one suit.

 

Now with regard to joinder of defendant as party, Order 1 Rule 3 of CPC says that all persons who has some rights exist with respect to a relief either jointly or severally in a same act or transaction can be joined in one suit. Here also there will be common questions of law or fact if suits separately brought against them.

and in CRIMINAL CASE you can approach the court (where suit is pending for adjudication) for addition as a party to the suit under the section 482 of CrPC you can also move to High court if the lower court denies your application.

 

hope that solves your problem.

T. Kalaiselvan, Advocate (Advocate)     14 May 2015

Learned advocate Mr. Nitin Kumar has explained the position of law very clearly, you may follow it with the help of a lawyer in the local. 

advocate nitin kumar (lawyer)     15 May 2015

thank you mr T. Kalaiselvan for the appriciation to my reply.

i am still learning new things from the senior advocates like you.

 

people here do not mention the complete problem and expect the accurate solution from us, but we do help as much as we can.

its good to learn from each others as well

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     16 May 2015

As far as the case based on FIR is concerned, no individual person will be cited as complainant. On the other hand, the person who informed about the offence to the  police will be known as Informant. There is nothing required that the aggrieved party alone can inform the ofence at the first instance to the police. Even the third party can  be an informant. However, aggrieved parties can give statements to the police as well as evidence before the court in order to support the case of prosecution.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register