investigation

Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned. (crpc1973)

dear Om Prakash, definitely investigation starts after filing an FIR butbut officially lodging an FIR is different from giving a written or oral complaint by the complainant. official FIR is lodged after enquiring the facts of the complaint given by the complainant. what I am asking is can investigation be started only after giving the written or oral complaint or can be started after officially lodging an FIR.

sorry, I am in agreement with the idea of copy-pasting the Sections of the Cr.PC. Because of this, I thought it would be a good idea to get the path you decide to attain.

1. Suo Moto Investigation & Search & Seizure procedures can be conducted by officer level of any law enforcement agency and there is no need for a oral /written complaint /FIR for the same.  This is evident from scores of cases in court. Here the complaintant is the Police officer himself for purposes of FIR registration.

2. IF an ordinary person reports a cognizable offence, THEN Duty Officer shall record an first record FIR and only then proceed for Investigation & Search & Seizure procedures, without any further reference to any Court, but subject to various parameters. 

3. Investigation will not proceed on oral /written complaints. Any FIR can be simply closed by station-in-charge offer, IF found that reports of cognizable offence is false or not tenable.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

What are the facts?  What is the context?

Dear Hemant Agrawal, which section of CrPC give the station house incharge power to cancel the FIR?

Subject to the provisions of this Chapter, any Magistrate of the first class, specially empowered in this behalf under sub- section (2), may take cognizance of any offence-

(a) Upon receiving a complaint of facts which constitute such offence;

(b) Upon it police report of such facts;

(c) Upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.

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