complaint to FIR
Querist :
Anonymous
(Querist) 31 December 2009
This query is : Resolved
Dear Experts,
if we submitt a complaint to police at local PS,
a)how we can take acknowledgment of that complaint.
b)what is time limit for framing charges as FIR.
c)In case acknowledment is not given by police,what steps we have to take? please clarify.
regards,
To all members
S. Bharath
(Expert) 31 December 2009
a. The printed FIR is required to be entered in at least 5 copies [rules may vary from State to State], one of which is meant to be given to the informant, so technically you get a copy as soon as it is entered and signed by the Station House officer;
b. If the information discloses a cognizable offence, it is to be registered immediately;
c. It is advisable to keep sufficient photocopies before you lodge a complaint to the Police Station. You may insist on a Petition Receipt in the place of an FIR. If they do not give you even that or if they do not register FIR on a cognizable offence, you may send the complaint to the District Superintendent of Police under acknowledgment or by Registered Post. If that also fails, you have options to move the court.
Guest
(Expert) 31 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING COMPLAINT AND F.I.R.KINDLY NOTE THAT.
1.ONCE YOU SUBMIT COMPLAINT TO THE LOCAL POLICE STATION ,DEPENDING UP ON SECTIONS COGNIZABLE OR NON COGNIZABLE AND SERIOUSNESS OF CRIME POLICE TAKE ACTION AGAINST THE ACCUSED.
2.IN CASE OF COGNIZABLE OFFENCES POLICE ARE SUPPOSED TO REGISTER THE CRIMINAL CASE AGAINST THE ACCUSED AND IN 24 HOURS THE SAID COMPLAINT IS REGISTERED AS F.I.R.AND SENT TO THE NEAREST COURT.THE PERSONS NAMED AS ACCUSED IF ARRESTED ARE TO BE PRODUCED IN COURT WITHIN 24 HOURS OF ARREST AND POLICE HAVE TO SUBMIT REMAND APPLICATION FOR POLICE CUSTODY OF ACCUSED MENTIONING ALL CHARGES AND SECTIONS OF INDIAN PENAL CODE AND REASONS OF POLICE CUSTODY OF ACCUSED.COURT WILL HEAR ARGUMENTS OF ADVOCATE OF ACCUSED AND DECIDE THE WHETHER TO GIVE POLICE CUSTODY OR MAGISTRATE CUSTODY OF ACCUSED.
KINDLY NOTE THAT IN CASE OF POLICE CUSTODY ACCUSED IS SENT TO POLICE LOCK UP IN POLICE STATION AND IN CASE OF MAGISTRATES CUSTODY THE ACCUSED IS SENT TO JAIL DEPT AND HE CAN BE RELEASED ON BAIL BY FURNISHING SURETY DOCUMENTS PLEASE NOTE.
3.BUT IN CASE OF MINOR OFFENCES POLICE MAY NOT SEND F.I.R.TO THE COURT THEY WILL RECORD STATEMENT OF ACCUSED AND ON WARNING RELEASE THE ACCUSED.
4.KINDLY NOTE THAT AS PER LATEST AMMENDMENT IN CRPC OR BY WAY OF ORDINANCE WHICH IS EXPECTED SHORTLY POLICE HAVE TO REGISTER ALL COMPLAINTS AS F.I.R. THIS IS LATEST NEWS PLEASE NOTE.
5.YOU MAY ASK FOR COPY OF COMPLAINT FROM THE POLICE STATION.
6 IN CASE COPY IS NOT GIVEN BY POLICE THEN YOU MAY APPLY TO DIST SUPDT.OF POLICE FOR THE SAME.YOUR PURPOSE WILL BE SERVED.
7 IN CASE INSPITE OF FILING COMPLAINT AT POLICE STATION NO ACTION IS TAKEN BY POLICE AGAINST ACCUSED.THEN YOU MAY DIRECTLY FILE COMPLAINT AT THE CHIEF JUDICIAL MAGISTRATES COURT BY MENTIONING ALL DETAILS AND NAMES AND ADDRESSES OF ACCUSED AND OFFENCE COMMITTED AND SECTIONS OF INDIAN PENAL CODE APPLICABLE.COURT WILL VERIFY YOUR COMPLAINT AND HEAR ARGUMENTS OF YOUR ADVOCATE AND MAY ISSUE PROCESS AGAINST ACCUSED UNDER APPLICABLE SECTIONS OF INDIAN PENAL CODE AND ORDER POLICE STATION HAVING AREA JURISDICTION TO REGISTER CRIME AND PRODUCE THE ACCUSED IN COURT.
IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS OR WRITE OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
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