Can a FIR be registered after the case is filed in the court
Raj
(Querist) 20 May 2010
This query is : Resolved
My friend got married two years back and she was forced to leave the house after 8 month of marriage, she had registered an NC wit the police station on the same day ( she wanted the relation to go on thats why she did not go for 498 A).Year later her husband had sent a notice and had applied for divorce. She then had approached the police station and had given a written application , the police officer is not ready to register an FIR. He has told her he wil send her written complaint it to the Goverment lawyer to seek approval. Can a FIR be registered after the case is filed in the court.
Guest
(Expert) 20 May 2010
Ask her to file a Pvt Complaint at Magistrate court.
Pankaj Mehta
(Expert) 20 May 2010
In this situation, your friend can file a complaint into the competent court having the jurisdiction, specify all the averments that the fir was n't registered by the police officials, engage a good reputed lawyer and the court can can order to investigate the complaint u/s 156(3) Cr.P.C. to concerned police station.
Ashok Yadav
(Expert) 20 May 2010
If the police is not registering the FIR, firstly you should approach the higher officials of the police, if they also ignore then you should approach the court u/s 156(3) Cr.P.C for regn. for FIR through intervention of court, if court is satisfied with your facts then court may order the concern police station to lodge an FIR against your husband and police have to lodge the FIR. Or file criminal complaint u/s 200 Cr.P.C.
N.K.Assumi
(Expert) 20 May 2010
If the case is filed in the court how can you registered FIR, that will amoun to second FIR and it will destroyed your case.Approach the Sperintendent of Police of your District and explained to him the whole episode.
G. ARAVINTHAN
(Expert) 20 May 2010
two options
a) Private Complaint under Section 200 Cr.P.C
b) Approach High Court for direction to register the case
V.V.RAMDAS
(Expert) 20 May 2010
Dear Raj,
First of all tell me what type of case is pending before the court. If a civil case is pending/filed than a criminal case can lie in the court. If FIR is not registered/accepted by the Police than approach the court for a complaint case U/S 200 Cr.P.C .
Guest
(Expert) 21 May 2010
Now first see what are her grievances? She did not file case earlier because she had not wanted divorce.
Now, I see that instead of seeking S.156 (3) Cr.P.C. or S.200 complaint, the best method is to invoke "Domestic Violence" Act and seek shared house-hold as well as maintenance. for that she can directly file application U/s. 12 of Dometic violence Act before the magistrate.
