Fir lodged but not informed

@ Author,


The PROCESS - FLOW as asked is elucidated below in true spirits by

Summing-up Family Law in India;

"Skin of Married Men - Legally Tasty"

Now that you have elevated yourself to HALL OF 98% ACQUITTAL STATISTICAL RECORD BOOK J the Prosecution Branch of DP is supposed to do following on your lodged F.I.R;


1. The police is required to send the copy of F.I.R. to the lllaqa Magistrate immediately after registration of the case u/s 157 CrPC and under the rules framed by Police (BTW, Delhi Police follows PPR). A special report, primarily the copy of F.I.R. in cases of heinous nature like murder, dacoity, and all specially reported cases (see 24.5 P.P.R.) (PPR = Punjab Police Rules – buy its Vol. II as it is going to be useful till your acquittal and it just costs Rs. 180/- in any good Law Book Store) is also to be sent immediately after registration of such a case to the Illaqa Magistrate.


2. Copy of FIR is given to DCP of the District for administrative purpose. Even when a case is registered under minor offence, the special report needs to be sent immediately whereas graver offence requiring dispatch of special report if is made out.


3. The Magistrate on its receipt gives the date and time of receipt on it and this is guarantee of its being recorded by Police at the specified date and time given in it. In case of delay in its dispatch to magistrate, there are two presumptions;


(i) That it was not recorded at the time and date given in it and was anti-timed or anti-dated; [shoot RTI now under life and liberty and you are bound to get all RTI replies Pan India within 48 hrs. J - you see advantage now to get entry into HALL OF……………]


(ii) That the delay had been occasioned due to preliminary enquiries made by Police to find out culprits or to spin out a story to introduce improvements and embellishments and to set up distorted version. An unexplained delay in sending F.I.R./S.R. evokes suspicion. [shoot RTI now under life and liberty and you are bound to get all RTI replies Pan India within 48 hrs. J - you see advantage now to get entry into HALL OF……………]


4. In many a case, the delay is explained by police by coining any excuse as re. 1973 Recent Laws 35 [ask your advocate to dig out from his library this golden citation] it was held to be a usual story of punctured cycle. The explanation must be satisfactory and acceptable. If no explanation is forthcoming then it creates a doubt in the minds of judicial officers as to the genuineness of F.I.R. [shoot RTI now under life and liberty and you are bound to get all RTI replies Pan India within 48 hrs. J - you see advantage now to get entry into HALL OF……………]


5. Write the statement of Constable who takes special report to Magistrate separately u/s 161 CrPC the delay if any should be explained in his statement. The Constable should get the receipt of Magistrate with time and date on the cover of the envelope and preserve it. Both going and return of Constable is to be recorded in daily dairy (with cause of delay if any). [shoot RTI now under life and liberty and you are bound to get all RTI replies Pan India within 48 hrs. J - you see advantage now to get entry into HALL OF……………]

(a) The F.I.R. shall be sent to the Magistrate immediately in the Court during Court hours and at his residence thereafter.


(b) If Magistrate concerned is out of station then to be submitted to Duty Magistrate.


(c) If Magistrate is not available after Court hours then the messenger will leave at his residence giving the date and hour of delivery on the cover.


(d) If an account of difficulties in communication or other reasons the delivery is delayed the reasons and delay shall be recorded on the cover.


(e) The Magistrate shall put his initials and the date and hour of receipt.

[So shoot RTI now under life and liberty and you are bound to get all RTI replies Pan India within 48 hrs. J - you see advantage now to get entry into HALL OF……………]

[BTW, do you appreciate our teams hard core program coding that resulted into https://zipnet.in Unfortunately we lost the Tender for its pan-India installations otherwise all other fellow sufferers would have come to know of intended FIR at comforts of their home by daily logging on to ZIPNET J ]

Dear Tajoob Sir

FIR is lodged u/s 154 crpc.

I have NB. should I wait for notice served or I can go for AB right now?

before 15 days from the FIR lodged I already file RTI, reply awaiting.

Why and what is the need of going for RTI if you are aware fir has already been registered as against you. By waiting you are getting the police machinary more close to you. Instead you can apply for certified copy of fir which will be provided to you immediately and if you feel you are innocent and false and frivolous case has been registered as against you, you can proceed for procurring anticipatory bail, which will protect you. as per amendment u/s 438 cr p c, there is no need for the applicant to remain present before the court at the time of grant of ad-interim anticipatory bail.

@Yougesh Ji

Thanks for your well advised

Question :How and from where to get certified copy of FIR?As the FIR is lodged at CAW,Nanakpura.And I have alredy filed RTI 20 days back.

Ok, noted, now follow ld. brother Nayyar's sound advise and side by side read and gain self knowledge by clicking to Ld. Prakash sahib's and my replies in;

https://www.lawyersclubindia.com/forum/veryyyyyyy-urgent-advice-24422.asp

Dear Tajoob Sir

Thanks for the sharing Gyan. I appriciate it.

Apart from that, one more intersting thing in my case..

My estranged while complaining in CAW missed the put up the allegation regarding 406. Many times  IO asked for dowry artcle list but OP never came with list articles.

But in FIR there is 406..

How can I defend for 406?

I am thinking to use RTI to put up in dock caw guys.

(i)                 Please inform whether the allegations leveled against the accused persons by the Complainant  in her complaint makes out a case under section 498-A/406 IPC  and if yes, please give the reasons for the same in detail.

By asking these things.

Is this ok? 

Attached is the RTI format