Advocate Shivchand Mishra (Lawyer) 24 May 2018

Police investigation on receipt of written complaint

Dear Experts, If some people approach police and give a false written complaint against me that 2 year's before I have demanded extortion from them. After that police recorded statements of all the complainants and accused. It has been 6 months since complaint was filed and till date police neither completed the investigation nor registered an FIR against me. My question is, can police still register an FIR after 6 months of complaint or should I approach court against the complainants for conspiracy and malicious prosecution or I should wait further for investigation to complete? Note: all the complainants are office bearers of society and are involved in misaffairs of society.

Reply Follow

3 Replies

K Rajasekharan (Advocate) 24 May 2018

If the police officer investigating the case had come across the ingredients of a cognisable case against you he would definitely have ensured filing of an FIR against you. This is what a landmark Supreme Court judgement by a constitutional bench (Lalita Kumari case) on the issue prescribes. In the said case it seems that they may not be lodging an FIR against you.

You can file a case for malicious prosecution only when you are acquitted in a case after undergoing a prosecution. Here in this matter, no case has been filed against you even.

Receiving a complaint against you and conducting some sort investigation on the matter are legally permissible duties that a police officer is expected to do as per our criminal prosecution practices.

Adv Deepak Joshi +917017821512 (Advocate) 24 May 2018

Try to find out status of the complaint, if the police officer is not telling you personally, use Right to Information for knowing status.

Advocate Shivchand Mishra (Lawyer) 25 May 2018

I have filed an RTI replying to which police said that the final investigation report is not available in police records. I am confused as to what should I do now, because the extortion allegation is very serious and big allegation. At the same time it will be a kind of life time record against me in police station which any one can use in going future. Can I do something legal against complainants? Kindly advice...