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Demo Sharma   08 September 2021

Fir process

Hi All,

I just logged an FIR case, but police haven't filed valid IPC section(dhara) against the accused, kindly help me with the FIR process and is there a way, we can ask/request to change the applied sections.

How can a advocate help us during the investigation process before FIR present/submit to court??

Thanks in advance


 2 Replies

Pradipta Nath (Advocate)     08 September 2021

You can file a petition u/s 156(3) Cr.Pc in that case! After police submit the report, if you are not satisfied you may file a protest petition. Better to appraise the issue before any prudent Advocate.

Shubham Bhardwaj (Advocate)     08 September 2021

Dear Mr Sharma, I agree with the advise given by learned advocate Sh. Nath however would like to add a few words of my own. Application under section 156(3) Cr. PC can be filed seeking registration of FIR under specific provision of IPC and also seeking report by the police on those specific provisions. Further, the application 156(3) Cr PC must mention the facts which justify seeking FIR under those provisions. The court will apply its mind and see if the allegations constitute the offence alleged by you. If it does, the court will order FIR under those provisions. You also have the option to file protest petition against the report filed by the police. Regards Shubham Bhardwaj, Advocate.

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