duty of polise after filing fir
Querist :
Anonymous
(Querist) 05 November 2009
This query is : Resolved
what will police do after fir against illegal construction , or in normal fight case.
A V Vishal
(Expert) 05 November 2009
Under what sections is the case booked dear, there are no provisions in IPC for illegal construction and the police cannot interfere in civil dispute.
yogesh
(Expert) 05 November 2009
It may strats the investigations against the owner such as sealing etc and book the case aginst the owner
adv. rajeev ( rajoo )
(Expert) 05 November 2009
Illegal construction is in the nature of civil dispute.
After filing the FIR if the case is non-bailable offences accused will be produced before the court.
In case of bailable offences some times accused will get the bail immediately after producing before the court.
In bailable offences producing the FIR in the court, then it will issue summons to the accused person to appear before the court to answer the charge and after that trial begins
A V Vishal
(Expert) 05 November 2009
In case of a street fight:
1. When there is sufficient evidence a CHALLAN is prepared.
2. When there is insufficient evidence, F.I.R is declared as UNTRACE.
3. When FIR is found to be false or is transferred to other Police Station on point of jurisdiction, it is decided as CANCELLED.
4. After registering the FIR the contents of the FIR can not be changed. Only High Court can quash the FIR.
The police is required to send the. copy of F.I.R. to the lllaqa Magistrate immediately after registration of the case u/s 157 Criminal Procedure Code. and under the rules framed by Police. A special report, primarily the copy of F.I.R. in cases of heinous nature like murder, dacoity, and all specially reported cases (24.5 P.P.R.) (Punjab Police Rules) is also to be sent immediately after registration of such a case to the Illaqa Magistrate. Copy of FIR is given to S.P/DCP. of the District for administrative purpose. Even when a case is registered under minor offence, the special report needs to be sent, immediately graver offence requiring despatch of special report, is made out. The magistrate on its receipt gives the date and time of receipt on it and this is guarantee of its being recorded by Police at the specified date and time given in it. In case of delay in its despatch to magistrate, there are two presumptions;
(i) That it was not recorded at the time and date given in it and was antitimed or antidated;
(ii) That the delay had been occasioned due to preliminary enquiries made by Police to find out culprits or to spin out a story, to introduce improvements and embellishments and to set up distorted version. An unexplained delay in sending F.I.R./S.R. evokes suspicion.
In many a case, the delay is explained by police by coining any excuse as in 1973 Recent Laws 35, it was held to be a usual story of punctured cycle. The explanation must be satisfactory and acceptable. If no explanation is forthcorn- ing, then it creates a doubt in the minds of judicial officers as to the genuineness of F.I.R.
Write the statement of Constable who takes special report to Magistrate separately u/s 161 Criminal Procedure Code. the delay, if any, should be explained in his statement. The Constable should get the receipt of Magistrate with time and date on the cover of the envelope and preserve it. Both going and return of Constable is to be recorded in daily dairy (with cause of delay if any).
(a) The F.I.R. shall be sent to the Magistrate immediately in the Court during Court hours and at his residence thereafter.
(b) If Magistrate concerned is out of station then to be submitted to Duty Magistrate.
(c) If Magistrate is not available after Court hours then the mes- senger will leave at his residence giving the date and hour of delivery on the cover.
(d) If an account of difficulties in communication or other rea- sons the delivery is delayed the reasons and delay shall be recorded on the cover.
(e) The Magistrate shall put his initials and the date and hour of receipt.
Raj Kumar Makkad
(Expert) 05 November 2009
Cr. PC contains detailed procedure specifying how police shall work after lodging of FIR. It is better to go through the relevant provisions instead of observing detailed replies of the simple questions.
