Legal Question in Criminal Law in India

Suspicious FIR

There was a compliant given at all women police station. Before interrogation I have got AB from high court. Interrogation happended, statements were recorded from both the sides. Registration of FIR is postponed. After one month FIR is registered based on another statement(? or complaint) dated one month after the first complaint. New facts were revealed in the second statement.

It is confusing the way FIR is registered.

1. Did the high court secure a copy of first complaint while granting AB.

2. Why there are 2 statements recorded on the complainant side. The first complaint was given by my wife's father, a statement givne by wife. The seocnd was given by my wife herself.

3.Is that a possibility that the first was withdrawn at the police level itself without going to court. Is that legal.

Please clarify.

Asked on 1/16/09, 1:15 pm

3 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Suspicious FIR

1. This is not a valid question; rather you should have provided this face in your statement.

2. The police is entitled to record statement of your wife and her relatives/friends.

3. There is no requirement of 'withdrawal' of the first statement. It is legal to record a second statement of the complainant and/or her relatives.

Actually, legal speaking, it was not proper for the police to have postponed registeration of FIR for that long. If the police would have been alert and impartial, they should have arrested you on the basis of very first statement without giving you a chance to obtain AB from High Court. The fact that you succeeded in obtaining AB is good enough to establish either laxity of police or its favourable attitude towards you.

Your wife may, if so advised and sufficient facts are available, also proceed against you under DVA.

You may be liable to provide her damages and maintenance.

You may better consider settling the matter amicably and avoid unwarranted litigation. The case may end up in a jail term for you and/or your family members, of course, depending upon seriousness of the allegations and how effective the matter is pursued by your wife and her relatives/friends.

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Answered on 1/16/09, 9:10 pm

Shrichand Nahar S.V.Nahar, Advocate

Re: Suspicious FIR

Assumptions are difficult to made. Further, assumptions take you no where.

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Answered on 1/17/09, 12:23 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Suspicious FIR

Already replied.

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Answered on 1/17/09, 12:34 am

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