conversion of FIR into Private Complaint

[JD Joshi]

R/Sir,

Can you suggest me under which section of CRPC, Registered FIR will be convert into Private Complaint? If it is possible, then please give me relevant judgement of higher court.

-JD JOSHI

[Dr. Ashok Dhamija]

This appears to be an academic question, which we don’t reply on this Forum.

Anyway, if FIR is registered by police and after investigation, it is found that it discloses only a non-cognizable offence, then the police report (on the basis of the FIR) is considered as a (private) complaint and the police officer filing such report is treated as complainant. See Explanation to Section 2(d) of the Cr.P.C.

Also, if police has closed investigation and has submitted closure report under Section 173 Cr.P.C., then the complainant is given a chance to file his protest petition. In such a situation, some times, the complainant is given a chance to conduct the case as a private complaint case even though FIR was filed in such case.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts