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Originally posted by :adv. rajeev ( rajoo ) |
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It is mandatory to give the details, otherwise how come the accused will be identified? |
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1. Mr. Rajoo did not understand the Criminal Law question before us at all and I disagree to his bald reply without application of mind of an Advocate.
2. The details of (proposed) accused in instance illustrations such as their name, father's name, grandfather's name, mohalla, block village post office, identity, birth mark, cloths, age and addresses etc. etc. are not required and or are not mandatory and a case could very well be run as
Mr. Ashok Kumar Vs. Unknown persons
3. The proper remedies in such a case as raised in this query which are to be adopted are set out in S. 156 (3) CrPC or S. 190 CrPC read with S. 120 CrPC.
Re.: Aleque Padamsee and others v. Union of India and others, (2007) 6 SCC 171 where it was observed that the correct position in law is that the Police officials are to register a FIR whenever the facts brought to the notice show that cognizable offence has been made out. In case the Police officials fail to do so, the modalities to be adopted are set out in S. 190 CrPC read with S. 200 CrPC.
Therefore, if a person is aggrieved by the inaction of Police officials in not registering a FIR, the modalities contained in S. 190 CrPC read with S. 200 CrPC are to be adopted and followed.
Re.: Sakiri Vasu v. State of UP and others, 2008 (1) RCR (Crl.) 392 it was observed by the Hon'ble Supreme Court that if a person has a grievance that the Police Station is not registering his FIR under S. 154 CrPC, then he can approach the Superintendent of Police under S. 154(3) CrPC by an application in writing. Even if that does not lead to any satisfactory result in the sense that either the FIR is not registered or even after registering it no proper investigation is held, it is open to the aggrieved person to file such application under S. 156(3) CrPC before the learned Magistrate concerned. If such an application under S. 156(3) CrPC is filed before the Magistrate, the Magistrate can direct the FIR to be registered and can also direct proper investigation to be made in a case where, according to the aggrieved person, no proper investigation was made.
The last illustration of a lady's case is on different footings and I reserve my right to rebut in better light as and when put under challenge hence I disagree raising the same here under main subject of your query.
