When you have also received injuries and medical done by police, FIR cannot be refused to register.
Relevant judgment in a similar case
Having faced an attack, you sustained injuries, and the other party also suffered harm. However, they swiftly lodged the First Information Report (FIR) before you could do so, resulting in your arrest. While you were in jail, you were unable to file a case against the other party. Now, as you attempt to file the FIR, the judge requests a relevant judgment in a similar case where the filing was done on behalf of a person who was initially accused but later emerged as the victim, and the chargesheet had also been submitted.
Asked 1 year ago in Civil Law
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"I am seeking two relevant judgments where the FIR was filed against the other party after the chargesheet had been filed against the victim, who is myself in this case. Here is a brief summary of the incident: I was with my friend in a car when she suddenly stabbed me with a knife and abandoned me on the street. After a few hours, I managed to reach the hospital. Later, the police arrived and informed me that I was accused of stabbing the girl. Two days after my hospitalization, they arrested me under section 307. I obtained bail after three months. Now, as I attempt to file an FIR at the police station, they are instructing me to file a PCR (Private Complaint). The case is currently in court, and the court requires a relevant judgment since I am filing the FIR after the charge sheet was already created against me."
Asked 1 year ago
You can get the judgment as per your situation through your advocate who is handling the case.
You can file a counter complaint with the concerned police and give the reasons for delay that since you were inside the jail you could not move the complaint on time.
For judgment you have to rely upon your advocate only because any citation suiting the situation and circumstances will be known to the advocate who handles the case.
If the trial court is not entertaining your private complaint then you can ask the court to return the complaint with their remarks after which you can approach high court with criminal revision petition seeking relief and direction to the trial court to register your private complaint as per law
is possible to file a counter FIR (First Information Report) against a complainant if you believe that they have filed a false case against you.
2)you should also have evidence to support your claim that the original case was false or maliciously filed.
3) you must rely upon medical reports to prove that you had sustained injuries
Unable to find any such judgment
You can seek directions of court if they are not filing fir
Dear Client,
You can seek judgment on your case through your advocate, who is handling your legal matters.
If you have a counter complaint to file, you should do so with the concerned police and provide valid reasons for the delay, explaining that you were unable to lodge the complaint on time due to your incarceration.
In the event that the trial court does not accept your private complaint, you have the option to request the court to return the complaint with their remarks. Following this, you may approach the high court with a criminal revision petition, seeking relief and directions to the trial court to register your private complaint in accordance with the law.
