Is it possible for FIR after 13 months of complaint?
Querist :
Anonymous
(Querist) 27 February 2010
This query is : Resolved
Dear Experts, My wife false dowry harassment complaint 1year back.All the family members got AB from High Court.They attended HC mediation only once so mediator send failed report to court(July,09) In the mean dowry prohibition officer gave clearance for filing FIR. Since I have no time to attend enquiry(Oct'09). Police saying wife side is asking them to wait and see, and not to register FIR for time being. Now we are planning to send legal notice asking her to return if no positive reply then for divorce. Is it possible for them to register FIR after a gap of 13 months? Is it valid in the court?
Ramakrishnan.V
(Expert) 27 February 2010
to put the wheels of criminal law into motion time is not a limit but if there is a substantial delay that could cause prejudice and miscarriage of justice to the accused the same is to be explained is the only embargo Ramakrishnan. V
Raj Kumar Makkad
(Expert) 27 February 2010
Delay is not fatal but it depends upon the facts and circumstance of the case and definitely the benefit of late lodging of FIR goes in favour of defence.
K.C.Suresh
(Expert) 28 February 2010
Criminal matter- Delay is not fatal to prosecution is the rule orther things are exceptions.
Guest
(Expert) 01 March 2010
i do agree with learned experts
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