amit 12 May 2015

How to get added as complainant in fir

Hi, I have a bit of a unique question- How do I get added into an existing FIR against builder? My greivences are the same as other 4 complainants in the FIR and also the accused party is the same too. I have full details of the FIR and also in touch with other complainants.

There are certain reasons why I want to do this as it will lead to quicker resolution of problem by putting more pressure on the builder who has cheated us of our hard earned money.

Will be grateful for all inputs.

Thanks

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6 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 12 May 2015

Co-complainant is now not possible but make separate complaint

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 13 May 2015

Sir, Go to HC under 482 Cr.P.C and get it done .... Warm Regards Kapil Chandna Advocate 9899011450

advocate nitin kumar (lawyer) 14 May 2015

it does not matter whether you have been named in the FIR or not. In the interest of justice the court shall and will do every possible effort so that justice is served, the advocates and parties also serves as a helping hand in the process.

but when the case is registered in the court you can move a motion with the help of your advocate to add you as a competent party to the suit. kindly read order 1 of CPC for further clarifications (in case of civil suit)

Order 1 Rule 1 says that all persons may be joined as plaintiffs in one suit where a right to relief in a same transaction is alleged to exist in such persons either jointly or severally. It can also said that if such persons brought separate suits any common question of law or fact will arise. These persons can be joined in one suit.

Now with regard to joinder of defendant as party, Order 1 Rule 3 of CPC says that all persons who has some rights exist with respect to a relief either jointly or severally in a same act or transaction can be joined in one suit. Here also there will be common questions of law or fact if suits separately brought against them.

and in CRIMINAL CASE you can approach the court (where suit is pending for adjudication) for addition as a party to the suit under the section 482 of CrPC you can also move to High court if the lower court denies your application.

hope that solves your problem.