Untitled Document
     
  • Home
  • About Us
  • Sitemap
  • Contact Us
  •  
     
    Untitled Document
     
    Untitled Document
      +91 9819129478
    info@vrguptaandassociates.com
    query@vrguptaandassociates.com
     
         
    ARTICLES
         
     

    F.I.R

    Our Law Firm provides legal services and information: For the Knowledge of Clients, who are looking for F.I.R must know the following Information:

    F.I.R : - F.I.R means First Information Report (U/Sec: 154 Cr.P.C), Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as foresaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to kept by such officer in such form as the State Government may prescribe in this behalf.

    A copy of F.I.R shall be given forth with, free of cost, to the informant.

    Although, this is a problem that almost all of us have faced one time or the other, police officer's unwillingness to register F.I.R. Police normally takes a complaint makes a Daily Diary entry (DD), but this is not an FIR, and the police officers are legally under no duty to investigate the matter further. Only FIR sets the criminal law machinery into action, where the police are obligated to investigate, apprehend offenders, collect evidence and pass on to the area magistrate.

    NOTE: If a complaint discloses commission of an cognizable offence, police is duty bound to record and register the same and investigate. Anyone can be an informant and intimate the police as to the commission of an offence. Later the informant is expected at time of trial to come to court and depose.

    If the police refuse to register an FIR – Client can move to the concerned magistrate for directions to the police under section 156(3) of the Cr.P.C.

    But to keep their crime graph down, and in the absence of any keenness to actually work – Registration of an FIR is quite a torment for the layman.

    These are the steps you can take – if FIR is not registered: –

    • Go to the SP/ACP of your area – with a written complaint; if that also fails;


    • File a 156(3) crpc complaint before the magistrate – who if he finds your complaint to have disclosed a cognizable offence would order police investigation and FIR.


    • Recording of FIR is obligatory: - The provision of section 154 is mandatory and the officer concerned is duty-bound to register the case on the basis of information disclosing cognizable offence. The mandate of section 154 is manifestly clear that if any information disclosing a cognizable offence is laid before an officer-in-charge of a police station, such police officer has no other option except to register the case on the basis of such information. If a person has a grievance that the police station is not registering his FIR under section 154, then he can approach the Superintendent of Police under section 154(3) by an application in writing. Even if that does not yield any satisfactory result, it is open to the aggrieved person to file an application under section 156(3), Cr.P.C, before the Magistrate concerned and the Magistrate can direct the FIR to be registered.

      The copy of the F.I.R (First Information Report) is to be sent to the concerned Magistrate immediately. Although the officer-in-charge of a police station is legally bound to register a first information report in terms of section 154, the same by itself does not take away the right of the competent officer to make a preliminary enquiry, in a given case, in order to find out as to whether the first information sought to be lodged had any substance or not.


    DISCLAIMER:This article is for general information purposes only. Always consult a Lawyer before you proceed with your case. Your situation might need a different approach.


     
         
     
      Untitled Document
     

    ARTICLES

     
         
     

    138 negotiable instrument act / cheque bounce

    cases

     
     

    legal notice

     
     

    Anticipatory bail

     
     

    Probate a will

     
     

    Succession certificate

     
     

    Summons, warrants & proclamation

     
     

    F.I.R

     
     

    Divorce in India

     
     

    Contested Divorce

     
     

    498A indian penal code (ipc)

     
     

    Maintenance

     
     

    Maintenance: concept & practice for

    muslim women

     
     

    Annualment of marriage

     
     

    Void marriage

     
      Child custody  
     

     

     
         
     
     
     
    Untitled Document
       
  • Home
  • About Us
  • Sitemap
  • Team
  • Services
  • News
  • Legal Outsourcing
  • Contact Us
  •