SUspicious FIR
Ranganath
(Querist) 16 January 2009
This query is : Resolved
There was a compliant given at all women police station. Before interrogation I have got AB from high court. Interrogation happended, statements were recorded from both the sides. Registration of FIR is postponed. After one month FIR is registered based on another statement(? or complaint) dated one month after the first complaint. New facts were revealed in the second statement.
It is confusing the way FIR is registered.
1. Did the high court secure a copy of first complaint while granting AB.
2. Why there are 2 statements recorded on the complainant side. The first complaint was given by my wife's father, a statement givne by wife. The seocnd was given by my wife herself.
3.Is that a possibility that the first was withdrawn at the police level itself without going to court. Is that legal.
Please clarify
PALNITKAR V.V.
(Expert) 17 January 2009
Now a days anything may happen at the police Stn. Beside, Police is entitled to make inquiry before FIR is registered and can record statements also.The HC must have granted AB on the basis of material available at the relevant time. If you have strong circumstances enough to get the FIR quashed, you may approach HC for that. In any case you will get advantage of the inconsistent statements and doubtful circumstances which will come up in the given circumstances. The possibility of withdrawing of 1st statement can not be ruled out. A person is entitled to change his statement, if there are good reasons for that. It is legal. But if the statement is withdrawn without any just cause, that may not be legal.
A. A. JOSE
(Expert) 17 January 2009
I fully endorse the views expressed by the learned expert Mr.Palnitkar.