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Harsh (Manager)     01 January 2013

Private complaint vs police complaint

Experts, I have a query regarding filing a complaint.

I want to file a complaint which should be a State vs. Them.

What is the best way to do this?

At the PS, the SHO may not entertain my request as he would be pro-wife for obvious reasons.

If I go for private complaint, it will be me vs. wife and I will have to hire an advocate.

Even if the magistrate directs the PS to register a complaint, will it still be a me vs. them or state vs. them?

Please clarify.

 

 


 



Learning

 5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 January 2013

If the police registers the FIR on the direction of the court, it would be state Vs them.

 

Regards,

 

 
 
Shonee Kapoor

Munirathnam (Scientist)     02 January 2013

If you want to file cse then the title hould be you vs them ..... later the police register the case as state vs them ..... if no case is made out then police closes the case...... then you may contenst the case saying police report is not ok then the case will run as you vs them...


(Guest)

@Queriest,

 

The nature of the case decides if the case is vs State or vs an Individual. Complaint which are civil in nature always come under private Complaints(Exception if done against a State).e.g. Mr. X vs. Mrs. Y and so on. 

 

On the other hand  if Complaint is of Criminal nature, it' always against the State.e.g. State Vs. Kharak Singh and so on.

 

It's strictly not an  excercizable option for an individual to decide to make the case private or against the state.

 

An advice for you and like you-

 

Advices are free gifts here and one doesn't know his/her boundary in such context. People who Offer such advices,Who even don't know the basics of Law and pretend to know the nuts and bolts of law,always speaks non-sense and yet they are not ashamed of their act by repeating such advances. Therefore,Beware of such people and always try to find the truth from reliable sources.

 

In this very query and all other prospective query in any matters including law matters,you can find the truth by searching google and finding authentic and reputable Source or reading textbook of law.

 

Thanks,

Regards,

Harsh (Manager)     02 January 2013

Sumitra - can you also comment on my other thread 'Burden of Proof'? thanks


(Guest)

@harsh,

 

Why you want me to comment on your thread!!! isn't your objective fulfilled? Ask only when you think it's a fit case to comment.

 

Thanks,

Regards,


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