Advocate Mohammad Kamran
- 10+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Criminal Complaint Lawyer in Lucknow
For the person who has been wronged: getting a complaint properly recorded and pursuing it once it is.
Criminal Law
What this covers
A complainant's difficulties are usually practical before they are legal. An FIR is not being registered; it has been registered in terms that leave out what actually happened; or it has been registered and nothing appears to be moving. Each of those has a route, and the routes are different.
Where the police do not act on information about a cognizable offence, the law provides steps that can be taken with the senior officer and, failing that, before the Magistrate. Separately, certain matters can be taken directly to a Magistrate as a private complaint without going through the police at all. Choosing between these is the first decision, and it depends on what is alleged and on what has already been tried.
Who this may assist
Who this service may assist
If your situation is not listed, it does not mean it cannot be dealt with. It means it should be discussed.
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A person whose FIR is not being registered
Information has been given about a cognizable offence and nothing has been recorded.
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A person whose complaint has been recorded incompletely
An FIR exists but omits material allegations or persons.
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A person whose case appears stalled
An FIR was registered some time ago and the investigation appears not to be progressing.
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A person with a matter suited to a private complaint
The allegations are of a kind that can be taken directly before a Magistrate.
Scope
Typical matters handled
- Drafting the information to be given to the police so that it records the allegations completely
- Representations to senior police officers where information about a cognizable offence has not been acted upon
- Applications before the Magistrate seeking a direction for investigation, where that route is available
- Private complaints before the Magistrate, and appearance at the stage of the complainant's examination
- Protest petitions where a final report has been filed and the complainant does not accept it
- Assisting the prosecution during trial and appearing for the complainant where permitted
Process
How the work generally proceeds
The sequence varies with the facts and the forum. This is the usual shape of it.
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Step 01
Setting out the facts precisely
Dates, places, persons and what each is said to have done. Vague information produces vague investigation.
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Step 02
Identifying what is alleged in law
Whether the facts disclose a cognizable offence, and under which of the applicable codes given when the events occurred.
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Step 03
Choosing the route
Information to the police, escalation to a senior officer, an application to the Magistrate, or a private complaint.
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Step 04
Filing with the supporting material
Documents, photographs, medical records, messages and witness details are placed with the complaint rather than promised later.
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Step 05
Following the matter through
Attendance at the complainant's examination, responses at the stage of the final report, and assistance during trial.
Preparation
Documents commonly required
Bringing what you have makes the first discussion considerably more useful. Missing items can be obtained later.
- A written account of the incident with dates, places and persons
- Copy of any complaint or application already given, with the receiving acknowledgement
- Copy of the FIR, if one has been registered
- Documentary support — agreements, receipts, transfer records, messages, photographs
- Medical records, where the allegation involves injury
- Names and contact details of witnesses, and identity proof of the complainant
Cautions
Common risks and mistakes
- Giving information without keeping proofAlways keep a copy with an acknowledgement of receipt. Without it, the fact that you complained at all becomes contestable.
- Delay in complainingUnexplained delay is routinely raised against a complainant. Where delay was unavoidable, the reason should be stated at the time, not reconstructed afterwards.
- Overstating the allegationsAdding allegations that cannot be supported undermines the parts that can, and can expose the complainant.
- Using a criminal complaint to pursue a money claimWhere the dispute is essentially contractual, a criminal complaint may be met with a quashing petition, and the money still has to be recovered civilly.
- Losing electronic evidenceMessages, call records and footage should be preserved and, where possible, secured formally before they are overwritten.
See also
Related services
The practice
Advocates
Each advocate of the firm is enrolled with the Bar Council of Uttar Pradesh and holds a Certificate of Practice.
Advocate Hamid Razzaq
- 15+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Advocate Mohd. Mateen
- 20+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Questions
Frequently asked questions
There is a route: information can be sent in writing to the senior officer of the district, and if that does not produce action, an application can be made to the Magistrate. Which is appropriate depends on what has already been done, and keeping written proof of each step is what makes the next one possible.
Where an offence is not committed within the local limits of the police station approached, information can still be recorded there and transferred to the police station having jurisdiction. It exists so that a complainant is not turned away on the ground of territory alone.
Not necessarily. A complainant is generally entitled to be heard before the report is accepted, and a protest petition can be filed. The time for doing so is limited in practice, so the report should be taken up promptly.
The prosecution is conducted by the State, but a complainant frequently benefits from separate assistance — in ensuring documents reach the record, in responding at the stage of the final report, and in appearing where the court permits.
Where the firm works
Lucknow and Uttar Pradesh Coverage
The firm's office is in Lucknow. Matters arising in other districts of Uttar Pradesh are conducted from Lucknow before the court, tribunal or authority that has jurisdiction over them. There is no branch office elsewhere. Which forum will hear a particular matter depends on its subject, its value and where the cause of action arose, and is confirmed before anything is filed.
This page is general information about an area of practice. It is not legal advice, and it is not an advertisement or a solicitation of work. Reading it creates no advocate–client relationship.
Procedures, limitation periods, court fees, stamp duty and government charges change, and what applies depends on the facts of the particular matter. Nothing here should be acted on without advice on your own documents, and no outcome is promised or predicted.
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