I lodge crimial complaint case in court against forgry and now want lodge FIR in police can i do let know rul
my house partner make fake document and sale my house to some that time i am going to police station but my FIR not lodge. Then i make criminal complaint in court. Opposite party to high court in criminal revision and take stay. i want to lodge FIR by Group of people to who invlove in forgry can i lodge FIR
Answer:
In a complaint case under S 200 of the Code of criminal procedure, the magistrate is competent to take cognisance of the offence, upon a sworn statement by the complainant and issue notice/summons/warrant against the accused. He is also empowered to defer cognisance of the offence, if he feels that the facts stated in the petition, require detailed investigation, and refer the matter to the police station of jurisdiction, ynder S 202 (1) of the code. In such a circumstance, the police are obliged by law, to investigate the matter, on the same lines of an FIR, and to submit to the court, their report, whereupon, the magistrate will decide further course of action. Police will not submit a chargesheet, as is normally done in the case of an FIR.It is the magistrate, who shall order further course.
If an FIR, is already lodged, and a complaint case is also filed, both may be tried together, but the converse is not possible.
When the High Court has stayed the proceedings before the magistrate, the only course is to file an application before the HC, for expeditious hearing of the revision petition, besides filing appropriate applications for vacation of stay, or for issuing appropriate orders against the accused with full facts and circumstances of fresh developments, if any, fresh harassment, impediments caused, injuries to the person and property inflicted if any. by filing affidavit.
Adequate legal assistance shall be ensured, since it is very difficult for lay persons, however competent otherwise, to pursue matters of this nature, depending upon own skill.
Also, in a complaint case. the State will not prosecute, but the prosecutor's role will fall on the Complainant/his advocate, and expenses too borne by him.
You got something lodged alright, but it appears to be lodged between your ears?
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