Is this FIR valid
Ranganath
(Querist) 24 April 2009
This query is : Resolved
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 Complaint was withdrawn without registering any FIR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 and mentioning that first informaiton is received on the date of second compliant in FIR registration form.
Please clarify
PALNITKAR V.V.
(Expert) 24 April 2009
Since no FIR was registered on the basis of the first complaint, registration on the basis of second complaint is not prohibited more so when additional allegations are made in the fresh complaint.
Kiran Kumar
(Expert) 24 April 2009
Mr. Palnitkar is absolutely correct.
N.K.Assumi
(Expert) 24 April 2009
Additional FIR is illegal and liable to be quashed, as per Supreme Court decision in T.T.Antony vs State of Kerela. Moreover the second FIR will be look with suspicion as after thought and fabricated, if proper explaination can not be given for the period between the first FIR and the second FIR.
But your case is different.The First FIR was recorded but withdrawn without registering the FIR? After one month second FIR was registered.If you can not give proper explaination why after one month second FIR was registered your second FIR can be rejected.
adv. rajeev ( rajoo )
(Expert) 24 April 2009
No FIR is on the first complaint. FIR can be filed on the basis of the second complaint, there is no illegality.
Ranganath
(Querist) 24 April 2009
Ld counsels, Thanks for replying with exceptional insight. My main doubt is not about registration of the FIR as such but about the details filled in the FIR form (i guess there is one (form)exists with police, probably insignificant). It was mentioned the first information is received on the date of second complaint. But the second complaint is actually an extension of the first compliant.
Please clarify. Thanks
A Truthseeker
(Expert) 25 April 2009
whenever a crime takes place the FIR may be lodged either by the private individual writing himself the facts in the form of a petition called "written FIR" or facts stated directly to the police. when he submits the "written FIR" with the police station the OC fills up the registration form which is called the "formal FIR". only in non-cognizable cases no "formal FIR" is drawn. it appears that your first complaint was regarding facts that do not constitutue a cognizable offence.
Ranganath
(Querist) 25 April 2009
Thanks Mr. Tapan. However there is a provision to take court permission for registering case on a non-cognizable offense I guess. It does appear to be a legal explanation from the police side for not including the first complaint in the FIR. I am sure there were cognizable offenses like dowry demand alleged in the first complaint itself. Thanks a lot to all of you.
Ranganath
(Querist) 02 August 2009
To all the ld counsel, I came across this judgement of Kolkata HC about FIR based on second complaint, it says FIR based on second complaint is not tenable. Can you please give your opinion
http://indiankanoon.org/doc/1714236/
