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maks (SE)     17 December 2012

Validity of a complaint?

What is the validity of a complaint given in police station?

I had given a complaint in a police station two months back on my neighbour/opponent (no acknowledgement given nor FIR filed). Police said, once let us talk to the opponent and then we register the case/FIR. As said SHO called the opponent, and opponent said he is ready to settle the issue but need tiime, same was written on a white paper and signed by the opponent and his gaurantor, original with SHO and both the parties took copy of it.

Later opponent never attended before SHO, and I got same answer for couple of times. It took two months, opponent is not coming for settlement. Now i am asking SHO to register the FIR based on the complaint given two months ago. Now SHO is saying that the complaint given earlier got expired and if we want to register FIR I've to give them a new complaint.


My question is, is there any such concept called "complaint expired"?

Give me some clue how to procede further to get the case registered based on the complaint given already instead of registering with new complaint(here earlier date on complaint is important for me).



Learning

 3 Replies

Goutam Prasad (Advocate)     17 December 2012

Once at the stage of complaint, the matter got settled, the complaint becomes expired.

Had the same be not settled you could have sent copy of said complaint to supreior officers requesting for taking action and getting the same registered as FIR. In case of their failure to do so, you could have moved court for the said purpose under 156(3) of Cr.P.C.

https://aegisjurist.com


https://facebook.com/aegisjurist

1 Like

Chetan Joshi (Advisory/Advocacy)     18 December 2012

No rocket science here.....Its just that that if you lodge a FIR based on the previous comlpaint then the police becomes answerable in some ways. ( In the court )...

 

If the matter is not serious then you may proceed with a fresh complaint else mark a mail to the DCP's office based on the previous complaint.....eventually you may proceed for complaint to a magistrate.

 

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

maks (SE)     18 December 2012

Complaint with Earlier date is important for me why because, from reliable sources i came to know that my opponent is planning to file case against me as - i bribed the police and called him to police station without any complaint with the help of the letter he wrote along with his guarantors under violation of human rights. Ofcourse this is not true, but their view is this!


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