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Amita   12 January 2020

Can the complainant in fir be framed as accused

Hello, I need some clarity. There is already an FIR in place and it's in the investigation phase. No chargesheet yet.

Recently, some material facts have come to the attention of the accused which point towards the likely involvement of the complainant in the offence alleged (under Sec. 468, 471, IPC). These new facts also include documentary evidence.

Can the accused make a written application to the police to consider all this and charge the complainant as a co-accused in the same FIR ? Or is there another way to make something like this happen ? The accused strongly believes that it was the complainant who orchestrated all this.

Thank You

 

 



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 6 Replies

Neha Chowdhary (Law Officer )     12 January 2020

Hi Amita, Do u have any substantial evidence regarding this?If u have u can on the basis of evidence u can initiate criminal proceedings by lodging FIR....or else let investigation complete and prove your case in court....till then u can find more material to substantiate your stand..

P. Venu (Advocate)     13 January 2020

When the police is investigating the matter, all you can do is to disclose the relevant facts. It is not unusual that the informant, after due investigation, is found to be the wrong-doer.

Amita   13 January 2020

Thanks a lot for the response, sir. Much appreciated.

Just one question : Can the acused submit the relevant evidence along with a written application to the IO ?

 

Thanks again.

Dr J C Vashista (Advocate)     14 January 2020

There is no need to submit the evidence by writing application to IO, just produce it for endorsement in his/ her investigation.

You can get a Cross-FIR lodged on the basis of such an information, if it is substantive and can be proved.

Anukriti   14 January 2020

  • You can register a separate FIR against the complainant u/s 154 of CrPC and if the police do not register your FIR you can file a private complaint to the magistrate who can further direct police to conduct an investigation under section 156(3). 
  • If you do not wish to file a separate FIR you may collect all the relevant information against the complainant and submit them as evidence in the trial.
  • However, it is advisable to file a separate FIR to keep your case strong as the FIR will have a certain evidentiary value that may benefit you in the trial.

T. Kalaiselvan, Advocate (Advocate)     18 January 2020

The accused in his written statement can give these things agaisnt the complaint on him.

Besides, he can also give a counter complaint based on the information in hand against the complainant and register a FIR from his side.

There is no possibility for the complainant to be made as an accused in the same complaint given by the complainant against the accused. 


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