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A guilty person can lodge an FIR

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Criminal Law

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Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity?

Asked from: West Bengal

Guilty person cannot lodge an FIR because no offence has been committed against him. If he has committed an offence but lodges FIR, that FIR will be treated as a false FIR. Section 154 crpc does not allow an accused to lodge FIR.

The content of FIR must show that prima facie a cognisable offence has been committed. If the officer in charge of the police state does not satisfy from the content of the FIR that a cognisable offence has been committed, he will not lodge your FIR.

In a squabble or quarrel cases, both parties are victims. Hence both can lodge an FIR against each other. The subsequent FIR is called cross FIR and the version of cross FIR is always maintainable. Hence, you can lodge a cross FIR against the accused.  

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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