Is it necessary to file a separate complaint/FIR for sentence

Question

Is it necessary to file a separate complaint/FIR for sentence

14-Sep-2023 (In Criminal Law)

Hi,nIf a person files complaint against second person and during investigation if it is made clear by Investigation officer that first person also did an offence then IS IT NECESSARY FOR SECOND PERSON TO FILE A COMPLAINT AGAINST FIRST PERSON FOR PUNISHMENT OR JUDGE WILL PUNISH FIRST PERSON ONLY ON THE BASIS OF EVIDENCE IN INVESTIGATION WHILE OFFICER WAS INVESTIGATING SECOND PERSON ON THE COMPLAINT FILED BY FIRST PERSON??nPlease answer. Thanks.

Answers (2)

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Advocate D. Khan LawRato · Accepted Answer · 2022-09-15T16:36:13+05:30

Answer #1

No you need to get the cross FIR done n if police doesn’t do FIR then you need to file complaint case u/s 153(3) at the concerned jurisdiction ! We need more facts on this to Peruse further …b in touch asap

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LawRato LawRato · Accepted Answer · 2022-09-16T19:09:44+05:30

Answer #2

Well, it is the duty of the police to chargesheet the subsequent accused irrespective of the stage of proceedings against a previous accused. In such situations, prosecution may withdraw prosecution against the first accused if the case against the two cannot be sustained for obvious reason of conflict of stance. No chargesheet No conviction. I hope this has answered your query.

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