FIR or noncognisable offence
Sumir
(Querist) 03 November 2009
This query is : Resolved
I had filed a complained of obscinity or vulgarity in public.Police filed as Non cognisable complaint (NC).
1. Is police justified in filing NC and not FIR. If it should be FIR, then under which IPC.
2. How to procede with NC?
3. Fees payable to court for investigation in NC case
4. After how long it is allowed to approach court after filing NC, since it is almost three years, the NC was filed?
Raj Kumar Makkad
(Expert) 03 November 2009
Your 4th question is most relevant. Your chances of filing complaint for filing FIR has gone at such belated stage. Police could have filed even FIR at that time and if you were not satisfied with the police action, you might have gone to criminal court with request to send the complaint to concerned PS to lodge FIR but all that has now gone. Little chances are there. If you can forget it, then it is ok otherwise file a complaint before concerned magistrate uder section 200 Cr. P. C.
