REGISTRATION OF F.I.R. BY NON-S.H.O.
Ajay Bansal
(Querist) 09 December 2009
This query is : Resolved
In a Police Station, the F.I.R. had been registered not by S.H.O.of said Police Station but by his subordinate inspite of fact that S.H.O. was very much present in said Police-Station.What is the fate of this case.Can any one give me rulings on this issue.
Raj Kumar Makkad
(Expert) 09 December 2009
No effect. Subordinate officer, if authorized is very much competent to lodge FIR on the direction of SHO and there shall be no difference over the fate of such FIR on the basis of this matter.
A V Vishal
(Expert) 10 December 2009
1) A FIR is always to be -written by an officer incharge of a Police Station. (Definition of officer in charge is given in Sec. 2 Criminal Procedure Code).
2) Police officers superior in rank to officer incharge of a police station may exercise the same powers through the local area to which they are appointed, as may be exercised by SHO with in the limits of his Police Station.
3) Some times it so happens that the information is given by the informer to a police officer who is out in the illaqa or to an incharge of a local police post. Strictly speaking the officers are not officers incharge of a police station and such information lodged with them are not.reports. These officers record the statement of the informers and send the same on to the SHO of a Police Station for recording F.I.Rs. These statements are however admissible U/ S. 157 Evidence Act.
4) Jurisdiction is an essential factor in registering a FIR.
Definition of officer in charge as given in Sec. 2 Criminal Procedure Code:
o) "Officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when, the State Government so directs, any other police officer so present;
