1 c c case
artabandhu
(Querist) 12 November 2010
This query is : Resolved
is it admissible by any court of law for filing a 1cc case by mentioning unknown accused person in the name of the accused person column.
Devajyoti Barman
(Expert) 12 November 2010
Yes a case may start against unknown person.
Debasish Hota
(Expert) 13 November 2010
If 1 cc means the complaint case, then the case is not admissible . Because the complainant has to mention the name and other perticulars of the accused against whom he want to proceed in the court law directly.
PALNITKAR V.V.
(Expert) 13 November 2010
The point is debatable. Take a case where a person approaches police and tries to file FIR against unknown person. His FIR is not recorded. He approaches the SP/Commissioner but does not get relief. He then approaches the Court and files a complaint with a request to send the complaint to police u/s 156(3) of Cr.P.C. Can it be dismissed on the ground that name of the accused is not mentioned.
adv. rajeev ( rajoo )
(Expert) 13 November 2010
criminal case can be filed against any person, if you are really suffered by him-
Guest
(Expert) 13 November 2010
name is not at all necessary to file criminal complaint.... i do agree with Mr. Rajeev
Advocate. Arunagiri
(Expert) 13 November 2010
FIR can be registered against unknown person. But, the CC can be taken on file without giving the name of the accused. If the name is not given, to whom the summons will be issued?
Debasish Hota
(Expert) 13 November 2010
I agree with Mr. Arunagiri.
PALNITKAR V.V.
(Expert) 13 November 2010
It is not that in each and evry case summons against some accused has to be asked for.As stated earlier, a complaint can be filed simply to get order u/s 156(3) Cr. P.C. Issuing of summons is a stage which comes much later. There are other stages before it e.g. taking of cognizance, inquiry u/s 202 etc. so it is not necessary that accused should be named. The complaint against unknown person can be sent to police for inquiry u/s 202 of CrPC and police can find out the accused.
s.subramanian
(Expert) 13 November 2010
I agre with Mr.Arunagiri.
Debasish Hota
(Expert) 14 November 2010
I do not agree with Mr. Palnitkar whether court can send to policeU/S 202 0f CrPC.
PALNITKAR V.V.
(Expert) 14 November 2010
Yes. Complaint can be sent to police for inquiry u/s 202. Please read the section and the commentary carefully.
R.Ramachandran
(Expert) 14 November 2010
Dear Mr. Debasish,
I would appreciate if you could give some legal background, reasoning or citations supporting your view, instead of merely saying that "I do not agree with Mr. Palnitkar". Then it becomes your words against that of Mr. Palnitkar. Without proper legal reasoning or precedents being cited, such replies do not help anyone.
