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Amit Kumar (individual)     30 July 2023

informant arrested but no another F.I.R

one person went to the police station where he lodged the FIR for murder of his kin but during the investigation the police arrested the informant..in this case the first fir has no meaning and there is no fir registered against informant even after this the informant sent to the jail... isn't there need of another FIR?


Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     31 July 2023

Section 2 of the Code of Criminal Procedure defines a cognizable offence. A cognizable offence is one in which a police officer can make an arrest without the need for a warrant or the consent or order of the magistrate in line with the First Schedule or any other statute currently in effect.

According to Section 154 of the Criminal Procedure Code, in order to initiate an investigation into a cognizable offence or case, a police officer must first receive the First Information Report (FIR) pertaining to the cognizable offence, which can be acquired without the Magistrate’s authorization, and enter it in the general diary.

Dr. J C Vashista (Advocate )     31 July 2023

The informant is stated to hves been arrested on the basis of investigation of the FIR, where the police has powers to arrest the informant, accordingly action of IO/ SHO cannot be challanged.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     31 July 2023

No another F I.R.is needed for arrest of infirmant

Sudhir Kumar   02 August 2023

You have nowhere indicated whether he has been arrested rightly or wrongly

j sudhakar (professional )     04 August 2023

Yes.  I agree with the advice of the above expert, Sri Dr. J C Vashista Sir


 


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