I want to know the citations if any on origin and genuiness of fir???
if it is proved on the facts that the complainant is not the author of the complaint then the prosecution fails.
B.N.Rajamohamed (advocate / commissioner of oaths) 08 March 2009
F.I.R Does not bear any evidentary value . Complaint as to the commission of a cognizable offence can be given by any person having acquaintance over the facts and circumstances of the case. I think your proposition is inappropriate.
manu (advocate) 08 March 2009
in a case mr a claiming to be a complainant addused evidence in the witness box. but at the later stage accused advocate proved that the complaint is written by some third person and mr a is not the author of the complaint. so the complaint is not proved. does prosecution case fail??
Ajay kumar singh (Advocate) 08 March 2009
It is not necessary that the F.I.R. should be written by the informant. A rustic person may get the same written by anybody else.Even an educated person who is not in a position to write can get the complaint/ report written by any other person/ police official.
N.K.Assumi (Advocate) 09 March 2009
FIR is extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The importance of the above report can hardly be overestimated from the stand point of the accused. See the observation of Justice H.R.Khanna and G.K.Mitter,JJ, in (1972)3 SCr 622.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 09 March 2009
I do agree with Mr. Assumi. Thanx once again for providing a valueable judgement.