not registering a F.I.R.
neeraj
(Querist) 12 April 2008
This query is : Resolved
A PHYSICALLY ASSAULT BY SOME PERSON. THE INJURED ADMITTED TO HOSPITAL. MEDICAL LEGAL REPORT MADE BY THE HOSPITAL CONCERNED AUTHORITIES. S.H.O. WAS INFORMED IMMEDIATELY. PROVES ARE THERE. BUT NO F.I.R. REGISTERED. WENT TO S.S.P. THE S.S.P MARKED ENQUIRY. THE I.O S.P IS UNDER INFLUENCE OF THE ACCUSED PARTY. INJURY REPORT MADE BY DOCTOR IS GREVIOUS. TELL THE REMEDY. SOMEBODY SUGGEST TO FILE A COMPLAINT CASE IN THE COURT. BUT IT SEEMS HARRASSMENT TO THE COMPLAINANT HIMSELF. SOMEBODY TOLD THAT GO TO HIGH COURT. BUT IN THE PAST IT HAD BEEN SEEN THAT HIGH COURT AGAIN ORDER AN INQUIRY TO THE POLICE. ULTIMATELY NO RESULT. PLEASE TELL ME THE REMEDY.
a.haridasan
(Expert) 12 April 2008
dear neraj,
u can file the same compliant before the concerned magistrate court u/s 190 of crpc and on the reception of such compliant the court can forward the same to the police u/s 156 (3) of crpc by directing him for investigation or the magistrate can direct 202 crpc inquiry upon it .it is the duty of the police to register a crime upon the information of a coginasable offene u/s 156 (1) of crpc and if he relectuant to do so u can approach the high court on that regard .if the petiiton forwarded by the court is reffered by the police ,u can again make a protest compliant before the same court and the court may be taken cognisance upon it and there is a primafacie case brought out ,the court may initiate the proceedings against the accused and may issue the summons to the accused .adv.a.haridasan,thrissur kerala.
TSBehera
(Expert) 12 April 2008
S.200 of Code of Criminal Code 1973 envisages two alternative to You either file complaint to police or to magistrate.When Police is of no help ,you file your complaint to Magistrate (ICC Complaint),but please concentrate on proving the case,evidence,documentary(Photo,Video,Mobile records etc.)as it is you who shall prove it ,Oral supported by Medical as adversary (the accused )shall deny every charges including the police and they shall manipulate evidences including making your witnesses hostile in court.Well please send a letter to SP concerned stating facts not compassioning language and your experience in Police Station.Send by RP/Speed Post withAD,keep receipt/AD as proov of documentary evidence for the complaint case filed.
H. S. Thukral
(Expert) 12 April 2008
If the Police does not register FIR and even Senior Officers are also won over by the accused then the course open is 1) To make a complaint to magistrate who can take cognizance of the offence himself or order an investigation by police under section 156(3) of Cr.P.C.
2) to approach High Court for issuance of appropriate writ. High Court has very wide powers under its writ juridiction.
SANJAY DIXIT
(Expert) 14 April 2008
The clear position therefore is that any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR. There is nothing illegal in doing so. After all registration of an FIR involves only the process of entering the substance of the information relating to the commission of the cognizable offence in a book kept by the officer in charge of the police station as indicated in Section 154 of the Code. Even if a Magistrate does not say in so many words while directing investigation under Section 156(3) of the Code that an FIR should be registered, it is the duty of the officer in charge of the police station to register the FIR regarding the cognizable offence disclosed by the complaint because that police officer could take further steps contemplated in Chapter XII of the Code only thereafter.
Mohd. Yousuf v. Smt. Afaq Jahan, (Cr. App. No.2 of 2006)(S.C.)(Decided on 02.01.2006)
