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(Guest)

What are differences between complaint case and compl.. fir

What are the differences between complaint case and complaint FIR using 156(3)?



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 4 Replies


(Guest)

Law Experts!!


(Guest)

Thanks Expert.

In which site/link I can get the answer for this difference.

My own answer is:

1. In complaint case there is no FIR,no arrest for 498a only bail by surity.

2. In complaint FIR , it is same as normal FIR . Bail by surity or security depends on Honourable judge.

Experts please clearify.

HK_Jain... (498a Fighter)     20 January 2013

The complainant files a First Information Report about commission of a cognisable offence with the Police, alternately you can also file a complaint before the magistrate who may order investigation u/S.156[3] CrPC in which case the complaint is the FIR[according to Supreme Court judgment] however the police will nonetheless take down a formal FIR from the complainant. 

In some cases, the police act difficult and refuse to take down the FIR from the complainant who is then compelled to file the complaint before the magistrate.

Regards

Hemant

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