FIR

Arvind Singh Chauhan (Querist) 22 September 2009 This query is : Resolved
Whether police officer can lodge FIR against an accused, regarding a matter in which he himself is a victim. And FIR under section 332, 353 is lodged against accused. If no, please suggest some citation or Provision.
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Arul Kumar (Expert) 22 September 2009
Since Section 332 & 353 relate to valuntarily Causing hurt and Assault or criminal force on the Public Servent, you have to prove about your victimisation and file a counter FIR if you have been hurt or assaulted.riven

Shivasurya (Expert) 22 September 2009
No a police officer can not lodge FIR against an accused, regarding a matter in which he himself is a victim but he may be a complainant of the case, but either registering the FIR or investigation shall be conducted by another police officer. The law clearly says, the affeced person cannot be a investigation officer for his own case. if in your case, the victim police officer is the investigating the case or register the case, you can file quash petition before the Hon'ble Highcourtriven

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Raj Kumar Makkad (Expert) 22 September 2009
Agreed with Shivsurya.riven

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joyce (Expert) 22 September 2009
Agree with Shivasuraya.riven

Adinath@Avinash Patil (Expert) 22 September 2009
No police officer can not lodge complaint against accused where police officer himself is vitim.But he may become complainant.riven

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Kiran Kumar (Expert) 22 September 2009
Patil Sahib sorry to say but u made a little mess :-)

i know u agreed with Shivasurya but the expression should ve been FIR instead of complaint.riven

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Sarvesh Kumar Sharma Advocate (Expert) 28 September 2009
Agree with Shivasuraya ji.

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