F.i.r. after rejection of complaint case
Umesh Sharma
(Querist) 09 March 2013
This query is : Resolved
Sir,
I filled a complaint in ACJM Court u/s 34, 193, 406, 420, 467, 468 & 471 I.P.C. but my complaint was rejected because the court has given decision on those documents which attached as evidence of forgery by me. I went to through Revision but ADJ ordered same.
the ADJ wrote his order "The Revisionist could not prove any forgery and there is no evidence about forgery, so the revision is reject.
after that I Have collected Many Documents from the Dept. of Accused about their misconduct and forgery. Now I have Lodged an F.I.R. against all culprits but the I.O. is not investigating and saying that "The same complaint has been rejected by the Court and police is not over the court..
How can I take justise?
Is there any Ruling/Decision where F.I.R. going to investigation when complaint has been rejected on the basis of "Not Proved"?
what can do an Aplicaint when he has collected Evidence which are against the Presumption of court by whom the complaint has been rejected?
Devajyoti Barman
(Expert) 10 March 2013
There is not bar on lodging fresh complaint and registering of FIR on same cause of action which has been dismissed by court in complaint case in pre summoning stage.
You can alternatively challenge the order of magistrate in Revision.
Raj Kumar Makkad
(Expert) 11 March 2013
Both can go on simultaneously even if the facts of both are same.
Hemant Agarwal
(Expert) 12 March 2013
1. IF a new FIR has been registered and IF the IO does not investigate (irrespective of anything) further THEN move a WP for directions to the area Magistrate, for reopening the case on the basis of "additonal evidence" (which was apprehensively suppressed / concealed / untraceable at material time).
2. Note: The matter was rejected by the ACJM & ADJ, with the remarks ""The Revisionist could not prove any forgery and there is no evidence about forgery". Here note that matter was rejected ONLY due to insufficient evidence, WHICH NOW CAN BE PROVIDED VIA A FRESH APPLICATION.
Keep Smiling .... Hemant Agarwal
Raj Kumar Makkad
(Expert) 12 March 2013
A general litigant do not know such ifs and buts as Hemant has told. He requires simple advice in the light of facts told by him. Lawyers may be advised if such eventiality arises.
Umesh Sharma
(Querist) 12 March 2013
Thanks Sir !
can you provide me any Decision related to such Situation because I am Only Student of LL.B. and The all Accused has lodged an FIR u/s 182 against me, But I Can prove that My FIR is Genuine and I have not given any False information. They said "The Prior Complaint has been rejected in which the accused and varios Section were same, so how can lodge an FIR".
Devajyoti Barman
(Expert) 13 March 2013
Well, academic queries are not entertained here.
Better ask your teacher or consult book.
