Respected Experts,
In a matter of 384 & 468 IPC, a govt. corporation made a complaint to police against its employee. But police did not register any case for a period of one year. After a reminder by the deptt. after one year "one ASI of police" made a report without even making any enquiry and reproduced that report in FIR u/s 154 CrPC. He shown himself as a complainant , and Complainant officer of deptt. is " Witness "
The ASI in its cross examination made following disclosures :
(A) The complainant was officer of that department , He put a complaint against accused but that complaint is not available on File.
(B) The complaint was not reproduced in FIR.
(C) That ASI accepted that he did not have any knowledge of that offence untill he got information from deptt.
In such a case where a complaint by complainant is admitted , but it has not been filed to court file, not enquired and not even reproduced in FIR. In such a case a FIR lodge by an ASI of Police , Who do not have any knowedge of offence, Showing himself as a complainant , fullfills the requirement of Sec 154 CrPC and quite Legal to initiate proceedings in a Court of law.
