Fir after long gap of complaint!
Querist :
Anonymous
(Querist) 01 November 2011
This query is : Resolved
Wife living separately for 5 yrs. Filed false 498a complaint against husband and family members 34 months back. We got AB from High Court. Now negotiation failed we wanted to file divorce.
1)Can the police file FIR after 34 months of complaint?
2)If FIR filed what steps we have to take?
Thank you in advance, Please advice.
ajay sethi
(Expert) 01 November 2011
Court says station in-charge must note down reasons for not registering a complaint
Officers who are in-charge of a police station have to immediately register a First Information Report (FIR) based on a complaint or an information given by a victim regarding any cognizable offence, a full bench of the Bombay High court ruled on Tuesday. The police, henceforth, cannot avoid lodging a complaint on the pretext of preliminary investigation that’s being conducted by them, said the court.
The bench comprising Chief Justice Swatanteer Kumar, Justice S J Vazifdar and Justice A A Sayyed has held that if the police station in-charge does not register the FIR instantaneously, he has to note it in the station diary or daily dairy in the police station, giving reasons for not registering the complaint. The order further stated that the police would take a maximum of two days to register the offence.
ajay sethi
(Expert) 01 November 2011
no general and wide proposition of law can be formulated that wherever there is any inordinate delay on the part of the investigating agency in completing the investigation such delay is a ground to quash the FIR. It is not possible to formulate inflexible guidelines or rigid principles of uniform application for speedy investigation or to stipulate any arbitrary period of limitation within which investigation in a criminal case should be completed. The determination of the question whether the accused has been deprived of a fair trial on account of delayed or protracted investigation would also depend on various factors including whether such delay was unreasonably long or caused deliberately or intentionally to hamper the defence of the accused or whether such delay was inevitable in the nature of things of whether it was due to the dilatory tactics adopted by the accused. The court, in addition, has no consider whether such delay on the part of the investigating agency has caused grave prejudice or disadvantage to the accused. It is imperative that if investigation of a criminal proceeding staggers on with hardy pace due to the indolence or inefficiency of the investigating agency causing unreasonable and substantial delay resulting in grave prejudice or disadvantage to the accused, the court as the protector of the right and personal liberty of the citizen will step in and resort to the drastic remedy of quashing further proceedings in such investigation.
Sankaranarayanan
(Expert) 01 November 2011
yes mr sethi given clear answer with citation too. with in two days is maximum for make FIR from the complaint. but it may delay of investigation too. certain time.
kuldeep kumar
(Expert) 01 November 2011
a full bench of the Bombay High court ruled on Tuesday. The police, henceforth, cannot avoid lodging a complaint on the pretext of preliminary investigation that’s being conducted by them, said the court.WHICH CASE RULED IT.CAN U TELL NAME OF CASE DEAR MR SETHI.
ajay sethi
(Expert) 01 November 2011
yaar kuldeep dont have case name .
Nadeem Qureshi
(Expert) 01 November 2011
Mr. sethi is rightly opinioned
mr. kuldeep tuesday???? mentioned date of the judgement then i will give you the case name or judgement too
kuldeep kumar
(Expert) 01 November 2011
HC: Cops can’t delay filing FIR on the pretext of preliminary investigation
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Mustafa Plumber Tags : mumbai, Cops cant delay filing FIR Posted: Wed Oct 15 2008, 04:59 hrs
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Court says station in-charge must note down reasons for not registering a complaint
Officers who are in-charge of a police station have to immediately register a First Information Report (FIR) based on a complaint or an information given by a victim regarding any cognizable offence, a full bench of the Bombay High court ruled on Tuesday. The police, henceforth, cannot avoid lodging a complaint on the pretext of preliminary investigation that’s being conducted by them, said the court.
The bench comprising Chief Justice Swatanteer Kumar, Justice S J Vazifdar and Justice A A Sayyed has held that if the police station in-charge does not register the FIR instantaneously, he has to note it in the station diary or daily dairy in the police station, giving reasons for not registering the complaint. The order further stated that the police would take a maximum of two days to register the offence.
kuldeep kumar
(Expert) 01 November 2011
i typed one line in google and case is before u...cheers
Guest
(Expert) 01 November 2011
yes i agreed with Adv. Sethi Sb.
Biswanath Roy
(Expert) 01 November 2011
Inordinate and unusual delay in registering F.I.R stands bad in law and nugatory.
Shonee Kapoor
(Expert) 01 November 2011
I think there is some confusion.
FIR was lodged 34 months back and hence the author got bail. There is no point of filing FIR again. It might be that the IO is filing chargesheet now.
This delay is not sufficient for quashing.
You would have to contest the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
