dear sir\madam,
i want some material which wud describe an FIR n the procedure a magisterate has to follow to register a complain into an FIR.
n r thr any limitation for tht.??
Nishtha (student) 02 February 2010
dear sir\madam,
i want some material which wud describe an FIR n the procedure a magisterate has to follow to register a complain into an FIR.
n r thr any limitation for tht.??
A V Vishal (Advocate) 02 February 2010
FIR or First Information Report is the information about commission of an offence given to a police officer by the first informant. It initiates the criminal proceedings.
Nishtha (student) 02 February 2010
thank u sir but wat i wanted to know was d procedure a magisterate has to follow to register a complain as an FIR n its limitation if any
A V Vishal (Advocate) 02 February 2010
FIR is lodged by the police on complaint by any person who is affected in any way by the offence committed by the accused, affliction of injury is not the criteria even a witness can file a complaint. You can file a private complaint before a magistrate but it is not a FIR, he can direct the police to investigate and file a complaint.
A V Vishal (Advocate) 02 February 2010
file a complaint=file a FIR
Tapas Mukhopadhyay (Senior Partner) 02 February 2010
Actually FIR means First Information Report, as per section 154 Cr.P.C complaint to the officer in charge of a police station discloses a cognizable offence need to be registered as F I R and needs to be investigated at the same time complaint to a magistrate u/s 156(3) Cr.P.C a magistrate is empowered to direct athe officer in charge of a police station to cause investigation on the said complaint to the magistrate and practically there is no limitation for lodging F I R but in the prescribed form of F I R there is a column i.e the delay in lodging F I R which means information of a cognizable offence need to be registered as early as possible.
Tapas Mukhopadhyay (Senior Partner) 02 February 2010
Actually FIR means First Information Report, as per section 154 Cr.P.C complaint to the officer in charge of a police station discloses a cognizable offence needs to be registered as F I R and needs to be investigated, at the same time complaint to a magistrate u/s 156(3) Cr.P.C a magistrate is empowered to direct the officer in charge of a police station to cause investigation on the said complaint to the magistrate and practically there is no limitation for lodging F I R but in the prescribed form of F I R there is a column i.e the delay in lodging F I R which means information of a cognizable offence needs to be registered as early as possible.
Feroz M Shafeeque (Police Officer) 03 February 2010
FIR is the report prepared by SHO or officer in charge of a police station in prescribed fomat regarding the commission of an offence prepared based on the FIS(first information statement) received from an informant or complainant. FIS can either be written or oral.
Court can direct the SHO to register FIR as per Sec 156(3) of CrPC.
The limitation is described in Sec 468 CrPC, but some exceptions are there as per Sec.469 to 473 or CrPC.
468. Bar to taking cognizance after lapse of the period of limitation.
(a) Six months, if the offence is punishable with fine only;1[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]
(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 03 February 2010
On an application by the complainant, a magistrate u/s 156(3) Cr.P.C is empowered to direct the officer in charge of a police station to do investigation on the said complaint and practically there is no limitation for lodging F I R but in the prescribed form of F I R there is a column i.e the delay in lodging F I R which means information of a cognizable offence need to be registered as early as possible. So far as limitation for the magistrate is concerend, it has very well been defined in section 469 to 473 Cr. P. C. |
|
Nishtha (student) 08 February 2010
thank u so much everybody
jatin sharma (LAWYER) 09 February 2010
fir is depend upon the circumstace, and the complaint is given to magistrate . i am clear this all thing.when u file a fir than the police is investigate the case if police is not entertaint , then u can file a complaint to magistrate than he will entertaint it.
puneet saxena (student) 30 July 2012
what to do if the police does not register an FIR. is there any rule or law that police can forbid to register an FIR. A theft has taken place in our home . gold jwelery has been stolen from our almirah and we have given a written complaint to the police with name of two suspect. on of them is my cousin (mama's son) and prime suspect. the second one is employee at my shop.the chances he(second suspect) stolen is very rare. but now it is confirmed that my mama' son has stolen the jewellery but police is favoring them because police has gotten bribe from prime suspect's father(my mama). police did not register our FIR then we complaint about this to SP. then we got the phone call from our many relative that is relative of mama also to take the complaint back otherwise we have to face consequences (message was conveyed from my mama's behalf) but when we forbade then police called us and both the suspect to the police station and presurrize us to take the complaint back but when we forbade then police said to one of the suspect's father(my mama) to talk to us and then he(suspect's father(my mama)) said that he is ready to give the money for jewellery. but police did not say any thing to the other suspect thats mean police know who is the real culprit then we said ok but one of the police person said that it is not an fair deal . all of you have to swear. then main suspect's father(my mama) said that he is ready to swear that his son did not stolen the jwelery and said to my father that you have to swear that you have seen prime suspect(my mama's son) stealing the jwelery.but my father refuse to swear because we did not see him to steal if we have seen then why we give the name of two suspects. now police is saying that they cannot do any thing and did not register FIR. besides it suspect's father(my mama)is threatning us to kill and destroy my career but when we complain about this to police then police is also trying to scare us by saying that in exitement any one can kill anybody. so what should we do?
is there any punishment to police if they do not register an FIR?