sripartha (advocate ) 08 July 2013

To file f.i.r without the presece of the compalainant

dear member a complainant want to file a FIR agaist a person for cause him grevious injury, since the accused is a political leader, police is not filing a FIR agaist the accused,therefore the complainant is willing to file a petition under SECTION 156(3) OF CRIMINAL PROCEDURAL CODE, but the magistrate is asking the presence of complainant to take cognizance of the complaiant.

i want to know is there any provision of law which says that complainant is not necessary at the filing stage, he is ready to show his presence after numbering of the case... if possible members may help by attaching the model of the petition

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(Guest)

A letter or even a telegram may be treated as a complaint if it discloses facts consitituting an offence (Ref.-Hydayatullah v. Emperor AIR 1936)

Whatever may be the document it must contain an allegation which consitute an offence (Ref.-Bhimappa v. Laxman AIR 1970 SC 1153). This is a very important judgement.I suggest to go through it.

Further,

There is no particular format for complaint.Nomenclature is also inconsequential (Ref.-Mohd. Yousuf v. Afaq Jahan 2006 SCC 627)

In view of such decisions,you can safely make complaint my sending a letter to disclose the commision of the offence and make a pray for taking an action. Remember Pray is a necessary part of such complaint.