Police Concealed First Complaint , While Framed FIR on Second Complain
31-Oct-2023 (In Criminal Law)
Wife filed complaint against my family on "date of her desertion" when I was in hospital, making one general allegation of mental cruelty and one specific allegations, and mentioned more details to submit to CAW. 2-3 months later she filed detailed complaint to CAW making more enhanced/improved allegations for which no hint was even given in first complaint. Police filed FIR on 2nd complaint and filed charge-sheet. However, police deliberately omitted first complaint from charge-sheet, thereby police concealed from court. I brought fact to magistrate during argument of charge. Even magistrate ignored and make reference of ground in her order on charge. What can I do ???? I desire to go to high court (with other ground of discharge) but primary that 1st police complaint was most incidental and deliberately concealed as it has no allegations to take cognizance for and also no hint of subsequent allegations ever mentioned. Need some case laws of SC / HC , if it may be provided. Thank
it's a fit case for going before the high court showing abuse of process of law. definately the first complaint was a natural one and the second one by way of afterthought. you will find plenty of case laws online, however it is suggested to take legal advice from an expert in the field so that facts can be correctly placed before the court.
Can there be two FIR in one case?
The registration of multiple FIRs amounts to abuse of the legal process. The act of registering successive FIRs based on the same facts and allegations, at the request of the same informant, will not pass the scrutiny of articles 21 and 22 of Indias Constitution. 01-Sept-2022
two complaints on same cause of action
When complaint is maintainable
Can there be more than one complainant
Multiple FIRs against same person in different states
Second complaint is maintainable
crpc does not bar second complaint if first complaint not disposed of on merits, supreme court
Multiple FIR meaning
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