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MANISH NATH (LEGAL OFFICER)     29 June 2009

Bare Act-Criminal Procedure Amendment Act,2008

Sir,

If after filing an FIR, the complianant neither contacts the police station in which the FIR is filed to pursue the fate of the FIR nor submits any proof,  what shall happen.

Will any action be taken against the complainant.

Manish Nath 



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 5 Replies

PARTHA P BORBORA (advocate)     29 June 2009

it is the duty of the investgating officer to cotract with the informant. but if it appears from the investigation that there is no proof of the commission of the allreged offence the I/O may submit the final report before the CJM/MCJM with aprayer to release the accused persons.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     29 June 2009

Mr. Barbora is absolutely right. But after decision of the case u can file a criminal case against the complainant, if the accused in present case gets acquittal in the present case.

1 Like

Swami Sadashiva Brahmendra Sar (Nil)     29 June 2009

No action can be taken on the ground that the complainant does not pusue effectivelly in the matter. moreover, it is duty of police to contact the complainant and other witnesses for investigation.

PARTHA P BORBORA (advocate)     01 July 2009

In my opinion Rakhi told about a malicious prosecution claiming compensation.

Anish goyal (Advocate)     27 July 2009

But for proving malicious prosecution one need to prove active participation. Here facts shows that complainant only launch a fIR. I couldn't see any proving of malicious prosecution. Correct me please if i am wrong.

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