Difference in fir and complaint
Ankit
(Querist) 25 March 2017
This query is : Resolved
I am accused in criminal case. One line is missing in FIR while comparing that with complaint. Currently date is fixed for argument in court.
Can I get acquittal on the basis of difference on complaint and FIR or can I get some benefit for that?
Thanks in advance.
dr g balakrishnan
(Expert) 26 March 2017
FIR is registered in the police station and complaint is lodged before the judicial magistrate.
Dr J C Vashista
(Expert) 26 March 2017
Incomplete information in this academic query.
dr g balakrishnan
(Expert) 26 March 2017
true Mr Vashistaji, yet we may have to educate people we cannot afford to be like shiva sena Mr Uddav thakeray for his party never taught what is Art 19(2) and Art 21 of Part III of the constitution of india that way his party had done irreparable damage to the very party and also made its party workers to do a lot of wrong things - besides he failed to put in his MPs and MPs they are also pad servants of the people of india.
so at the right time right information ought to be provided,
see EC might derecognize the very shiva sena for its MP's cantankerous behavior with a deputy manager of airIndia and the so called MP slapped with chappals 25 times, and he never wants to apologize for his behavior; in fact Jddav shd have asked him -MP to promptly apologize forthwith - if he doesn't naturally the party might face derecognition as a party that might derecognise all shiva sena MPs legally no speaker of loksabha can help.
Ankit
(Querist) 26 March 2017
Sorry for incomplete information.
By complaint I meant tahrir to police.
In tahrir to police it was " usne mujhe patthar maare aur mere khool nikalne laga."
In fir its "usne mujhe patthar maare"
Ankit
(Querist) 26 March 2017
Sorry for incomplete information.
By complaint I meant tahrir to police.
In tahrir to police it was " usne mujhe patthar maare aur mere khool nikalne laga."
In fir its "usne mujhe patthar maare"
dr g balakrishnan
(Expert) 26 March 2017
one eg i will quote here,
see, an FIR was filed at New Delhi against a shiva sainaite now some MP who when he took pune -delhi flgt he picked up an unnecessary quarrel against the duty manager of Air India flgt in which he was to travel, knowing fully well there is no Business class seats for that flgt was completelly economy class flgt, this 'raudi-tendency' MP got annoyed with the duty manager for he is given some seat not good enough lie a business class ,obviously the duty manger cannot provide, for not getting a seat like a business class seat this raudi-type tendency MP (obvious quality of most of MPs, for they have abnormal 'self image' as if they are the PM or CM level persons, that bloated thinking in them make them behave so; besides this so called MP slapped the duty mgr with chappals 25 times, he himself claims, the police did not file FIR in Pune itself, (obvious failure of state home ministry problem of direction to the commissioner of Police), no doubt there is a serious complaint deserves to be taken as an FIR, when police not registered, the Air India mgmt could immediately move at Pune itself before a judicial magistrate (crimes) by a private complaint that could move the magistrate for police investigation if the magistrate promptly acted - any way an FIR was filed at New Delhi by motion of the Civil Aviation minister , but yet the MP is yet to be arrested as the MPs have 36 hrs time to get arrested from the the time FIR is registered - here what you find FIR is filed belatedly even then MP due to some so called 'immunity' is yet to be arrested - in this kind of situation, even FIR though filed not moved into action means 'so called 'immunity' is filtering the FIR action for delay - even if there is a complaint by a citizen of india in fact police suo motu shd have registered at pune itself (obvious grave failure of Maharashtra home dept, if done 36 hrs would have elapsed by now) but what we see here the dereliction of duty of the very state govt under very Art 51A of Part IVA of the constitution of India, here you see, this MP did not move anticipatory bail nor on his behalf very party by the initiative of Uddav thakeray,may be the chief of the party,; if such things exist why you need to rush for anticipatory bail for you have not stated your reason of your case (say if it is some like this so called MP) why you need to move anticipatory bail; if not , 'anticipatory bail' is a provision that bail is moved for some obvious reasons, as you don't quote why you need anticipatory bail, how do you expect the hon court need to grant you; bail is a fundamental right bot anticipatory bail, so approaching Apex ct is indeed not tenable after all anticipatory bail cannot be treated as a fundamental right, so under what article you can move is a question before you, after all Apex ct recognizes only fundamental issues based or law based situations only and certainly not just some 'facts' based things for facts based issues only you need to move the lower judiciary on only.
so i do not find in yr case any fundamental rights based issue is involved is apparent.
dr g balakrishnan
(Expert) 26 March 2017
indeed u shall know 'anticipatory bail ' as of right cannot be moved without 'sufficient cause' is the basic principle - here you talk on complaint and anticipatory bail, both are different aspects based on different issues.
so when u raise any questions here even if academic it shall be per se some cogency is needed sir. tks
Rajendra K Goyal
(Expert) 26 March 2017
You may include the point in your defense.
Only this ground would result in acquittal is doubtful.
Dr J C Vashista
(Expert) 26 March 2017
With due respect I differ with Dr.G. Balakrishanan on the issue of delivering a college class-room lecture on an academic query.
Basically this platform is meant to guide and provide "some" legal advise to needy litigants, which in turn they (litigant and not student) shall have to avail professional and paid services of local lawyer.
