July 8, 2013

If police refuse to name some culprit in FIR, second complaint and FIR possible

If police refuse to name some culprit in FIR, second complaint and FIR possible.

In one case of dacoity and murder, complainant gave complaint to police that some of his relative had arranged this dacoity and murder because of some property dispute.

Police registered FIR only of Dacoity and murder but did not register FIR against the Relative who was supposed to be behind attack.

Complainant therefore went to court with a complaint, and Second FIR of same incident was registered against the Relative who was supposed to be behind attack. And it was also investigated jointly with earlier FIR.

The point is, if you feel that police has not registered proper FIR, you may move the court with appropriate complaint. This should be done at earliest.

This view is supported by case of Shiv Shankar Singh v. State of Bihar Criminal Appeal No. 2160 of 2011 dated 22/11//11

Haresh Raichura
8/7/13