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Peter F. (Finance)     29 June 2024

Can a suspect be named in an fir?

Our compound wall was broken by 6 unknown people in the middle of the night captured on CCTV. But we know who the person was who sent those men - the owner of the adjacent property. But we have no way to prove that he sent these men. We only have past complaints filed by us against him when he himself came to the property and damaged the wall. (His believe was that we encroached into his property when we built the wall).

Now we want to register an FIR, mainly against the unknown people. But can we name the owner of the adjacent property as the suspect? The police is saying that we can't name him since there's no connection between him and this incident. But we're arguing that we believe it's him based on our long history of enmity with him.

Can someone please advise?



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     29 June 2024

You can lodge the complaint against him directly and then include the other suspects as his accomplices.

If the police don't co-operate with you then you can file a petition before concerned judicial magistrate court under section 173(8)Cr.P.C for further investigation to implicate the neighbour for the suspicion raised against him in your police complaint.

You can file the petition after the police is filing the charge sheet.

Peter F. (Finance)     30 June 2024

In our complaint after the incident occurred, we said that there 6 unknown men who committed the act and that these men, we believe, were sent by the owner of the adjacent property. In that case, would it still be feasible to implicate the owner in the FIR, given that we don't know he was there and that we had no proof of it/ no witnesses? If not, then we might have only the section 173(8)Cr.P.C approach to go with.

The police are refraining from including the owner in the FIR for the reasons I mentioned. Meanwhile, my lawyer is telling us to just let them file the FIR even if only against the 6 unknown persons and let them begin the investigation.

T. Kalaiselvan, Advocate (Advocate)     30 June 2024

You can follow the advice of your lawyer for now and you can file a petition at later stage as suggested 

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