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Archana (Officer)     20 June 2012

Action on fir

Mr A accused MR B  for theft  or some other serious  crime  and police register fir .

After  few  days  B visits  police  giving proof that he is innocent . And police  also believes that  he is  also innocent .And  find  out that Its Mr C who actually committied crime 

Now its understood police and arrest Mr C .

But question is ?

Can police make appropriate changes  in FIR  to  not arrest MR B  or provide some sort of relief ?



Learning

 1 Replies

Hemang (Advocate)     20 June 2012

Whenever, the First Information Report is lodged against the accused, the statutory duty of the police officer incharge of the police station has to "investigate into the offence" and collect the relevant evidence to bring out the truth in the matter. The Code of Criminal Procedure prescribes the detailed procedure during and after the investigation are completed. 

 

And when the investigating officer has formed an opinion that the accused has committed no offence, or that there is no evidence, or sufficient evidence at all, the accused, if arrested should be released on bond. The further provision on completion of investigation is that the police shall file the report on completion of inquiry, or investigation. If the accused is really innocent, the police should file the summary. Here, the police authority declares as to whether the offence is committed, or not and by whom. 

 

Let the investigation be completed. And wait till the report is prepared and submitted. If there is no offence committed, the police has no authority to interfere with the freedom and liberty, or to committ any abuse, or misuse of powers. Here, since, the police officer has also reason to believe that "no offence is committed" as contended in the contents, there is no question to worry. In all probabilities, the police would not call the person, save and except, for the statement. 

 

And, if it is really apprehensive and there is any harrassment, file a criminal miscellaneous application as contemplated under Section 482 of the Criminal Procedure Code for quashing the complaint against you. This advise is based on the facts provided that no offence is committed, and even the police authorities have formed an opinion that no offence appears to have been committed. (This may be resorted to only, if you have urgency and to defuse the penic.)


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