The Code of Criminal Procedure allows an aggrieved person to choose his forums or gave him certain options when his plea was ignored by one Forum, then he could chose to represent in another. In ordinary sense, a Complaint to the Police is inevitable when a person has received bodily injuries, because, injuries are quite […]

In a Police based Complaint, the Jurisdiction Court does not look much on the maintainability and admission of the case – as another wing of the Judiciary – Prosecution – took a view of the case details and gave its assent on both factors; maintainability and admission of the case. The crux is – the[…..]

Now the Complainant upon receipt of the dismissal order of the Lower Court can approach any of the Courts – Sessions Court or the High Court under their Revisional Powers exercise by them under Section 397 and 398 of Cr.P.C. The Complainant becomes an Appellant or Revisioner thereby and prays the Appellate Court for call[…..]

Private Complaint filed by an Individual or a body corporate are manier times dismissed by the Court and the reasons for its dismissal varies; Jurisdiction, Limitation, Cause of Action are some reasons were seen for for its dismissal. However, those facts were determined by the Court before taking up the Complaint in its file. Otherwise,[…..]

Section 200 of Code of Criminal Procedure, 1973, allows a person to register his Complaint with the Magistrate under whose jurisdiction the crime was commissioned. Although, the headnote of the provision says “Examination of Complainant,” – it literal meaning is – the Complainant – if he reduced his Complaint in written and presented before the[…..]

Yes. The FIR could be altered or modified or even an additional FIR could be registered based on the needs and or situation warranted to the Police on the grounds of new findings.

Law does not permit or allow the Police to freeze the Bank Account of a Company and / or Private Individual just on the basis of a CSR and / or FIR. CSR is just an acknowledgement of your Complaint and it has no other Statutory Powers. The Police cannot take any penal action against[…..]

Yes. Police after conducting an inquiry on the FIR, it issued on receipt of a Complaint at the first instance to the Complainant, close it, terming it a mistaken of facts. Otherwise, an FIR was closed by the Police any time after concluding its investigations – finding no merits in the Complaint.

Yes, the Criminal Laws allows the Advocate of the Accused to be present while inquiry been conducted by the Police, however, it is only for limited time. Otherwise, the Advocate can seek Order from the Court for his presence during inquiry of the Accused and / or pray for his meeting with the Accused during[…..]

The Accused has to produce before the Jurisdiction Court within 24 hours of his arrest [without Warrant] if one go by Section 57 of Code of Criminal Procedure, 1973. However, it is settled in law that the place of arrest and transit time are calculated while production of the Accused to the Jurisdiction Court and[…..]