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Preparation troubled by FIR and prospect of counter-FIR

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Comments

  • edited April 2016
    As a lawyer i would suggest you to be calm first of all. Not a big issue.

    Firstly, they cant sue you for defamation, in this case. You did not try to defame anyone. They cant even accuse you for defaming as there was no ingredient for defamation case that the court will admit. if anyone says so tell him/her to pls go ahead. THEY CANT.

    Now, on counter FIR. They can. what they may do is that it was You who entered into pandal/shamiana threatened and thrashed any xyz person and they just picked you up and brought you at your home. As no medical of yours was done, no proof you were beaten up.

    Your statement was recorded. It was not as FIR. It may be converted into FIR but as of now it is not. I dont think you would have been given receipt of your statement. It was your right. Anyways, so, there is a scope that they may lodge a FIR but they dont have any medical proof that they were beaten by you. What they are left with a FIR against you on the grounds that you threatened them and now they are afraid of you. It depends on Investigating officer who may compound the matter with a fine or send to the court.

    But usually, this will not happen. I dont think they will do such efforts as matter filed in court will also involve litigation cost and other problems for BOTH sides. i dont find any merit in cross FIR.

    Now, on your part, what you must do that write all the matter, each and everything, on a plan paper, addressed to SP/SSP of your city. Go to his office there would be a person receiving letters on behalf of SP/SSP. Give him the letter get a receipt of the same letter on its photocopy. Receiving would include a Stamp and a GD Entry number. Insist for both Stamp and a GD Entry number.

    After this they cant file a cross FIR until your letter is proved to be false. They cant prove it false as had it been false they wud have been filing the FIR than you. Also, circumstantial evidence and situations prefer your version.

    So if you are too worried, you may go for the way I told you.
  • thank u so much your kind help @inder1, ever since the incident I had been thinking of writing a mail to the SP, DM and SHRC. But now I think i shud rather let this thing take its own course for now. I have one doubt in my mind that if FIR is finally registered, is it that counter-FIR can't be registered, till the case is settled?
  • edited April 2016
    See, FIR is a legal right. Counter FIR can be registered at any time and both the cases are adjudicated by the same judge as the matter is in the form of counter-cases arising out of the same cause of action. But there must be some merits before getting a counter FIR registered.

    In this case the other party has no genuine merits BUT even if they 'manage' to file such FIR anyhow, you may get it quashed by the high court. Having it quashed will not bring any implication on your UPSC exam.

    Anyways, if you want to let it go then its ok..will wait and watch.
    God forbids, if anything happens, let us know.
  • See, FIR is a legal right. Counter FIR can be registered at any time and both the cases are adjudicated by the same judge as the matter is in the form of counter-cases arising out of the same cause of action. But there must be some merits before getting a counter FIR registered.

    In this case the other party has no genuine merits BUT even if they 'manage' to file such FIR anyhow, you may get it quashed by the high court. Having it quashed will not bring any implication on your UPSC exam.

    Anyways, if you want to let it go then its ok..will wait and watch.
    God forbids, if anything happens, let us know.
    yeah sure, that was very useful and assuring, thanks a lot
  • If you wish to talk to the media
    +917838700628
    Name - Jainenedra kumar
    full time reporter of ABP news.
    Call/Whatsapp/fb.
    You can search him on fb using this number.
  • Bhai..Did you go to a govt hospital and got your injuries recored in a MLR ? Actual procedure is injured person has to go to govt hospital for treatment and a mlr is written by the on duty medical officer...MLR explains all the injuries sustained by vicitim..Along with it, the on duty medical officer has to send a police information..After some time police comes to hospital and records victims statement..
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