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Can i file case in court court now if FIR was filed in 04/16
14-Nov-2023 (In Criminal Law)
Police filed a non cognizable FIR and charges pressed were 323,504,506,427 against my cousins. I have FIR copy. police told me that he called them and had a talk with them. Police assured me that they will never do that again. Also said me that If I want to move ahead, I should move to court with FIR copy. It was happened on 30/04/2016 What should I do further? Is it too late to move ahead and punish them by law.
Dear Sir/Madam,
What you should do now it depend upon the details facts & circumstances. But in generally if police given you FIR copy means Police filed case against your cousins so you should to move in court
What you should do now it depend upon the details facts & circumstances. But in generally if police given you FIR copy means Police filed case against your cousins so you should to move in court
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Adv. Mayur Sarode
Nashik | 100+ Answers
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Dear Querist,
What must have been registered is NC Compliant and not FIR since the charges are bailable.
You may approach the Magistrate as the Police cannot on their own investigate such offenses though you will have to have furnish witnesses, evidence /proof of what transpired during the time which lead to filing of such NC Complaint as also whether reasonable apprehension exists that either such incident may reoccur or there are changes that the situation may worsen further so as to endanger your life or property. As time passes the evidentiary value may also debilitate further and it is advisable to act early to avoid dismassal of such private complaints.
What must have been registered is NC Compliant and not FIR since the charges are bailable.
You may approach the Magistrate as the Police cannot on their own investigate such offenses though you will have to have furnish witnesses, evidence /proof of what transpired during the time which lead to filing of such NC Complaint as also whether reasonable apprehension exists that either such incident may reoccur or there are changes that the situation may worsen further so as to endanger your life or property. As time passes the evidentiary value may also debilitate further and it is advisable to act early to avoid dismassal of such private complaints.
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Adv. Abhiraaj Sanjeev Kulkarni
Pune | 25+ Answers
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Hi. Firstly the police have registered a Non Cognizable Complaint and not an FIR. All the aforesaid Sections are non-cognizable in nature. The police have dealt with it in the right manner. If you wish to prosecute the Accused, I would advice you to contact me to file a Private Criminal Complaint in the court of your jurisdiction under Section 200 of the Code of Criminal Procedure, 1973. It is not too late to file a private complaint, however you will need a justifiable reason as to why it took you 8 months to file the same. If there are further offences committed by the Accused within these months, it would be a reasonable explanation as well.
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Adv. Lakshmi Raman
Mumbai | 25+ Answers
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