FIR query

In a cognizable cae a SHO has to take FIR except in cases which are specifically sidelined for a preliminary verification. If the offence is outside his jurisdiction he must transfger the FIR to the SHO having jurisdiction. It is settled law and clear from the section.

I agreed with Sureshji.

This subject needs more discussion. The subsequent provisions of CR. PC as to sending the report to area majistrate and investigation, in my opinion do not support the view.expressed by my friends.  In Delhi I have seen that in case of road accidents, the disputed cases of jurisdiction of Police Station lead to the death of victim. May I request more opinions on this subject.   

I do agree with my all ld. friends.

if any information disclosing a cognizable offence is laid before   an officer-in-charge of a police station satisfying the requirements of Section 154(1) the said police officer has no other option except to enter the substance thereof in the prescribed form, that is to say, to register a case on the basis of such information.   (Paras 31, 32)

State of Haryana v. Bhajan Lal AIR 1992 SC604

 

Can a FIR be lodged thru the court under section 156 (3) and if not when can the court deny the same?

 

yes court can order u/s 156 (3)to lodge an FIR. it can deny when it finds that statements of complainant do not disclose the facts primafacie constituting any offence.

Supreme court in one of its judgement has directed to the police officer that even where it has no jurisdiction than also it has to file a FIR but number it zero. So it is called a Zero Number FIR. Than he has to send informant to the police station having jurisdiction. If any body knows the case name please post it. Thanx

YES I ANISH  GOYAL IS RIGHT BUT I WANT TO GO BEYOND IN TECHNICAL ERA  THERE SHOULD BE COMPUTERISED  FIR AND  HAVE TO PUT AREA WHERE INCIDENT OCCURES N AUTAMATICALY BY USING ONLINE SERVICE THAT FIR SHOULD BE FORWARDED TO RIGHT POLICE STATION.SO U CAN FILE COMPLAINT NEAREST POLICE STATION BY USING IT WILL FOWADED TO CORRECT POLICE STATION.AND U INSTANTLY GET KNOWLEDGE WHERE UR COMPLAIN IS FORWARDED.TILL  COMPLAINTENT SHOULD GET THAT COPY AND IT SHOULD CALLED  BONAFIDE  FIR.

How much the police follow the laws in the book? In reality:

1. If any woman goes to police station and file 498A /DP complaint stating that everything happened in foreign land, no incidents at any part of india police file the case immediately without any question and send the report to magistrate within a week.

2. If it is a road accident/theft/murder/robbery in the next street which is out of the limit of that police station they refuse to file the FIR by saying "out of limit".

May be in very rare case FIR is filed with "0" numbered FIR.

 

Dear Anish,

 Here is the Judgement of Apex court for reference to all Members,

In Satvinder Kaur vs. State(Govt. of NCT of Delhi) (1999) 8 SCC 728 

Supreme Court had considered the question of registration of FIR at length and taking note of different Sections of Cr.P.C. observed that the territorial jurisdiction was prescribed under Sub-Section 1 of Section 156 Cr.P.C. to the extent that a Police Officer can investigate any cognizable case, which a Court having jurisdiction over the local area within the limits of said Police Station would have power to enquire into or try under the provisions of Chapter XIII. However, Sub Section (2) of Section 156 Cr.P.C. makes it clear that proceedings of Police Officer in any case cannot be called in question on the ground that the case was one which such Officer was not empowered to investigate. The Supreme Court further observed that Section 170 Cr.P.C. specifically provides that if, upon investigation, it appears to the Officers In-charge of the Police Station that crime was not committed within the territorial jurisdiction of Police Station, that FIR can be forwarded to the Police Stating having jurisdiction over the area in which crime is committed. It is clear that the law is that police can register an FIR of commission of acognizable crime but after registration of FIR, if on scrutiny or investigation, it is found that crime was not committed within the jurisdiction of that Police Station but was committed within the jurisdiction of some other Police Station, the FIRshould be transferred to that Police Station. However, if at the time of registration of FIR itself, it is apparent on the face of it that crime was committed outside the jurisdiction of the Police Station, the Police after registration of FIR should transfer the FIR to that Police Station for investigation. Normally a 'Zero' FIR is registered by Police in such cases and after registration of FIR, the FIR istransferred to the concerned Police Station.

Thanks Shree sir 4 great information. Supreme court's direction is in positive way. But in realty police is hardly following this. the only way to implement these direction is contempt of court. But very rear. So hope parliament come with a positive amendment.