Upgrad LLM

FIR

This query is : Resolved 
 

Online (Querist)
22 September 2009

Whether police officer can lodge FIR against an accused, regarding a matter in which he himself is a victim. And FIR under section 332, 353 is lodged against accused. If no, please suggest some citation or Provision.
riven


Arul Kumar (Expert)
22 September 2009

Since Section 332 & 353 relate to valuntarily Causing hurt and Assault or criminal force on the Public Servent, you have to prove about your victimisation and file a counter FIR if you have been hurt or assaulted.riven

Shivasurya (Expert)
22 September 2009

No a police officer can not lodge FIR against an accused, regarding a matter in which he himself is a victim but he may be a complainant of the case, but either registering the FIR or investigation shall be conducted by another police officer. The law clearly says, the affeced person cannot be a investigation officer for his own case. if in your case, the victim police officer is the investigating the case or register the case, you can file quash petition before the Hon'ble Highcourtriven

Raj Kumar MakkadOnline (Expert)
22 September 2009

Agreed with Shivsurya.riven

joyce (Expert)
22 September 2009

Agree with Shivasuraya.riven

Adinath@Avinash PatilOnline (Expert)
22 September 2009

No police officer can not lodge complaint against accused where police officer himself is vitim.But he may become complainant.riven

Kiran Kumar (Expert)
22 September 2009

Patil Sahib sorry to say but u made a little mess :-)

i know u agreed with Shivasurya but the expression should ve been FIR instead of complaint.riven

Sarvesh Kumar Sharma Advocate (Expert)
28 September 2009

Agree with Shivasuraya ji.



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