Upgrad LLM

regarding complaint file

This query is : Resolved 
 

(Querist)
20 June 2009

hello i would like to know that if anybody submits a written complaint in the police station and it is already turned into f i r, but now the problem is the date of incident which took place was 11 of january but in a hurry in the written complaint it has been written as 10 jan, so is there any way out so that there may not arise any problem in giving of evidence and all
thanking you


Kiran Kumar (Expert)
20 June 2009

what is the nature of the case?

it depends upon the facts and circumstances of the case. it may or may not be fatal to the case.

however it is a typographical error or a slip of mind and can be corrected during investigation by the police...police will not file challan without investigation, during the course of investigation u can correct the things.

in some grave situation the person may give a wrong date in haste may be due to mental pressure or stress.

so all depends upon the facts and circumstances of the case.

Swami Sadashiva Brahmendra Sar (Expert)
20 June 2009

Mr Kiran Kumar is right. but in general, this mistake gives strong defence to the accused.

n.k.sarin (Expert)
20 June 2009

I do agree with Mr.Tripathi

A V VishalOnline (Expert)
20 June 2009

Dear Anjana,

Kindly refer to Ratanlal & Dhirajlal book" The Code of Criminal Procedure" u/s. 154 dealing with FIR, some useful insight can be got from the comments attached to the provisions of the act.

anjana sharma (Querist)
21 June 2009

thanks a lot
well the case is under sections 323,354,criminal intimidation of ipc, and during investigation the accused had already tkaen this defence in his statement so now can the complainant change the date

PARTHA P BORBORA (Expert)
21 June 2009

at present not as the accused has taken the mistake as defence, in my opinion police will not give any oprtunity to correct the date.

M. PIRAVI PERUMAL (Expert)
21 June 2009

I agree with Dr. Tripathy.



Guest (Expert)
21 June 2009

By this question, it could not be understood whether S.161 statement has been recorded or not. Further, it is not known, whether Challan has been filed or not. If the answer for these two quesrries is "no", then the complainant can give a further statement to the Police in continuation of the earlier complaint (which has become basis to FIR), in the nature of corrigendum, correcting the mistake pertaining to date.

Kamlesh soni (Expert)
22 June 2009

Mr Kiran Kumar is right. but in general, this mistake gives strong defence to the accused.

adv. rajeev ( rajoo )Online (Expert)
22 June 2009

When u have given a written complainant mention wrong date no problem u can give restatement before the police regarding the date of offence.



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