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What are the circumstance if my fir is not lodged in past.


27-May-2023 (In Criminal Law)
Dear experts, I'm submit an application(आवेदन) for register an fir upon some people for kidnapping in 2014. I've the original sign application copy of police station deliver me against my application for FIR. Now in 2017 the people file an suit against me on grounds of the chequebook they bring from me by kidnapping. And I want to know that police not registered any fir in 2014 and if they lost my application(आवेदन) then are I'm in trouble or my application copy is work as evidence.
Answers (2)

Answer #1
813 votes
Dear Sir,
What you filed with the police was a criminal complaint. It is very clear from the circumstances that your complaint was filed in the year 2014 but till 2017 no action has been taken by the police. There is a strong likelihood that your complaint has been closed and dumped into the archives. Ordinarily before closing down complaints of these kinds police serves a notice to the complainant. Since you did not receive any such notice, it is obvious that the police either did not proceeded with your complaint or bypassed the notice. Either ways you are at disadvantage as you did not pursue your complaint vigilantly.

Going by your description, some other persons are in possession of your chequebook. I would recommend filing a fresh complaint in your nearest police station regarding the same. Meanwhile you can approach your banks to hold cheque - transaction services of your account on the ground of stolen/robbed cheque book.
Further I would recommend that you should hire a private attorney and file a private complaint under S.200 of Criminal Procedure Code against the accused persons for relief.

Feel free to contact for any further clarification.
Answer #2
596 votes
Now your application copy of FIR can be used as evidence only if in that application you had mentioned the fact that they had snatched your chequebook from you when you were abducted.

If you stated nothing about chequebook when you had filed written complaint to the Police, then now you cannot prove that your chequebook was stolen.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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