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HARISH PARMAR (Senior manager ) 18 September 2024

antedating or backdated FIR

CBI ACB Mumbai registered an FIR on 30 November 2023 at 10:00 am in which the incident of 4:00 pm on the same day is mentioned, so is it legally correct, if not correct, then what kind of action should be taken, please guide.

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 18 September 2024

It is a contradiction.

You can confirm the same during cross examination of the IO and argue that the case itself is false hence the inconsistencies in investigtion as well as prosectuion therefore you may pray to dismiss the complaint

HARISH PARMAR (Senior manager ) 19 September 2024

Originally posted by : T. Kalaiselvan, Advocate
	It is a contradiction. You can confirm the same during cross examination of the IO and argue that the case itself is false hence the inconsistencies in investigtion as well as prosectuion therefore you may pray to dismiss the complaint

Dr. J C Vashista (Advocate ) 19 September 2024

Well analysed, opined and advised by learned expert Mr. T Kalaiselvan ji, I concur.

Real Soul.... (LEGAL) 19 September 2024

Either you raise this during the trail of case or challenge the FIR through petition and get that quashed

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 19 September 2024

The registration of an FIR is mandatory under Section 154 of the Code if the information discloses the commission of a cognizable offense and no preliminary inquiry ¹. In your case, the FIR was registered at 10:00 am on November 30, 2023, but the incident mentioned occurred at 4:00 pm on the same day. This could be considered "antedating" or "backdating" the FIR, which is not legally correct. Antedating or backdating an FIR can have significant implications, as it may be considered an attempt to fabricate evidence or manipulate the investigation. If you suspect that the FIR has been antedated or backdated, you should take immediate action. Firstly, you can file a complaint with the CBI/ACB, Mumbai, alleging antedating or backdating of the FIR. You can also approach a senior officer in the CBI/ACB and report the incident. Additionally, you can file a writ petition in the High Court, seeking quashing of the FIR and further investigation. It is essential to consult with a lawyer who specializes in criminal law to guide you through the process and ensure that your rights are protected. Please note that the information provided is based on the available data and should not be considered as legal advice.

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