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FIR ON SUB JUDICE MATTER BEFORE HON'BLE COURT
19-Jul-2023 (In Criminal Law)
Can police register a FIR when the same matter is already pending before the court? Will it not be treated sub-judice matter?
you have to place the matter here in detail. a matter can be addressed in different angels. in a different and individual cause of actions police can register a FIR if thinks fit and proper and you have the right to file quashing proceding if you think any injustice done against you by filling the FIR.
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Adv. Hemanta Kumar Das
Kolkata | 100+ Answers
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Who is the complainant in FIR?
Who can file an FIR? Anyone who has knowledge of the commission or a cognizable crime can lodge an FIR. The victim does not have to file an FIR. An officer of the police who becomes aware of a cognizable crime can file a FIR.
What happens if FIR is not signed by complainant?
It is not required to sign the complaint or FIR. When the situation becomes out of hand, the victims statement is required. This is the core of criminal law.
Can FIR be filed without evidence?
Anyone in India can file a First Information Report with the police, even the accused. In India, anyone who knows of a cognizable crime (a crime for which police can arrest a person without a warrant), can file a First Information Report (FIR).
What happens when complainant is absent?
The Magistrate, without regard to anything that has been said before, may at his discretion, any time prior to the scheduled hearing, decide whether the complaint is valid or not, and if the offence is a cognizable one.
no a police cannot register an fir against the same person in respect of the same matter in the same police station when the matter is already pending before the court. complaint can be made regarding similar type of offence but the complainant and subject matter must be different
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Adv. Soham Sur
Kolkata | 200+ Answers
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I think you should meet a lawyer with the complete details because it seems the intricacies involved can be best assessed only after going through the complete case details of both the cases. it is only then a meaningful advice can be rendered.
Tanmoy Chattopadhyay,
M.Sc (Net), LL.B(Delhi),
Advocate,
High Court, Calcutta
Tanmoy Chattopadhyay,
M.Sc (Net), LL.B(Delhi),
Advocate,
High Court, Calcutta
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Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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