How To File A Complaint Case In Court..

 In India police and it's way of working has always been under scanner and always criticized .It is often seen under political influence and social influence police has always had a reputation of serving favors .That results in non registration of FIR by police  . When police refuses to file an FIR on our information or after lodging a fir refuses to proceed with our FIR the remedy left to us is to file a complaint case .With this a question hits our mind that is how to file complaint case in court.

What should be done if police refuses to lodge an Fir

If police refuses to lodge an Fir or proceed after lodging an FIR the remedy available is to file a complaint case in court. But before that a complain about inaction of police should be addressed to superior office (superintendent of police)Complaint case is filled under chapter XV Of Crpc . In Indian criminal justice system a complaint case will be regulated under following acts.

1.I.P.C-Indian Penal Code.

2.Cr.Pc-Criminal Penal Code.

3.Indian Evidence Act.

How to file a complaint case in India?

For understanding how to file and fight a complaint case in India.  We will have to go through each stage step by step.It begins after police refuses to lodge an FIR or after lodging FIR police does not take further action.

Step by Step Stages complaint case.

If police refuses to lodge a FIR on your complain or refuses to act further if FIR is lodged .You should meet superior officer (S.P) and also give a copy of complain in written and take a receipt of complain. Both the receipts of complain to police and SP. Should be kept safely for further use as proof if no action is taken.

If  even after meeting senior officer FIR is not registered  then you will have to file a complaint case in court.

Then you will have to get a complaint drafted by a Advocate to be filled in court .

The Complaint must have Your and accused complete name address and brief account of the act/ crime.

Then after filling a complaint case in court you will have to give your evidence/statement in court prior to registration .After your evidence if prima facie it is shown that offence has been committed court will register the offence and summon  accused.

Then accused will have to appear in court and get bail.

Then after appearance of accused the next stage will be evidence before charge.In this stage your and your's witnesses evidence will be subjected to cross examination by lawyer of accused .After examination in chief and cross examination if the court is satisfied that prima facie offence is made out court will frame Charges against accused.If no prima facie case is made out accused will be discharged.

If charges are framed then next stage is evidence after charge .In this stage it will be upon you to decide weather you want your evidence before charge to be read in court or you want to produce further evidence.After that if you do not introduce further evidence then it will be upon accused to decide weather he wants further cross examination or not.

Once the stage of leading evidence and cross examination is over then accused statement will be prepared.

Then accused can lead evidence if he wants to rebut allegations made by you.

After that Final Argument will be heard by court in which both the parties will argue from there side.

After hearing the Final Argument court will pronounce the judgement .Against which either party can prefer a appeal.

Closing Remark From Bharata Law.

With this article we have tried to give a brief account on how to file and fight a complaint case in court.With practical experience it can safely be said that fighting a complaint case takes time and patience is  key to fight a complaint case.we hope we have answered you how to file and fight a complaint case in court.