FIR, Complaint Case & GD

How to file a GD, FIR or complaint case

A criminal case usually begins in one of two ways: an FIR recorded at the police station, or a complaint case filed directly before the magistrate. A General Diary entry records a matter without starting a prosecution. We advise which route fits, draft the document, and act on either side of it.

FIR and General Diary

An FIR sets the police investigation in motion. What it says, and what it leaves out, shapes the investigation and the charge sheet. Where the police will not record an FIR, or the matter is not yet an offence, a GD or a complaint before the magistrate may be the right step.

Complaint cases

Where the police will not act, or the offence is one a magistrate can take cognisance of directly, a complaint case is filed before the magistrate, who may examine the complainant and order inquiry or process. We prepare and conduct these.

If you have been named

Being named in an FIR is not a conviction, and much can be done early: representation during the investigation, protection against arrest, and, where a case is false or an abuse of process, an application to the High Court Division to quash it.

What helps

• A clear, dated account of what happened
• Names and addresses of those involved and of witnesses
• Documents, messages, photographs or medical records
• Any earlier GD, complaint or correspondence
• For an accused, the FIR copy and the sections alleged

Where it is dealt with, and how long

An FIR is lodged at the police station with jurisdiction; a complaint case is filed before the Magistrate. Lodging is quick. What follows, investigation and charge sheet, or inquiry and process, runs over months. Quashing applications go to the High Court Division.