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Anmol Sharma (advocate)     14 July 2010

what's the procedure of FIR in this case

hi.

please advice.. if SHO is going around his area and a person tells the SHO about some crime on the road..

then what is the procedure to be followed by the SHO for registering the FIR...

is there in case law in this point...

 

please help



 19 Replies

Uma parameswaran (lawyer)     14 July 2010

What person has told to SHO would be considered as FIR.

Guest (Guest)     15 July 2010

He has to take down the complaint at the site of alleged crime on paper and get the signature of the informant and send the complaint to the police station to the duty officer.  the duty officer reduces it as FIR and send the copy of the FIR along with the original complaint back to the SHO/I.O.  The original complaint on the piece of paper is called in this part of the country as "Rukka".  Normally in the cases of NDPS,Excise cases and some times while catching the pick-pockets and knife holders, this procedure is adopted.

1 Like

Anmol Sharma (advocate)     15 July 2010

thanks learned brother Prabhakar,

yes, thanks a lot but can you also throw light as to why the duty officer sends back the copy of the FIR to SHO and more importantly

will SHO wait for the FIR to come to him for starting investigation  or can he can start investigating after sending the rukka..

waiting for the reply

thanks bro.

 

 

Guest (Guest)     16 July 2010

Dear Sir,

First investigation and catch hold of the accused and/or case material and next preparation of rukka and sending it to P.S. and after receiving the FIR copy along with original rukka, preparation of arrest memo, if any and seizure memo, if any and take the accused to P.S. 

If, the police wants to dilute the case and give a chance to the accused to get acquitted, they mention FIR No. on rukka, with the same pen and ink with which FIR was prepared, so that making the entire process a farce and the defence takes the plea in the trial that nothing has happened at the site and every thing is prepared in the police station and the prosecution story is false.

With best regards.

Anmol Sharma (advocate)     16 July 2010

Prabhakar bro,

God Bless.

GUDAKESH (LAW OFFICER)     18 July 2010

Please read section 154 (1) of CrPC

Anmol Sharma (advocate)     19 July 2010

Gudakesh ji,

 

I have read it please elaborate you answer as I think that 154(1) does not explain my question...

waiting for your reply,,,

RUPESH SHRIVASTAVA (Chief 09827932335)     20 July 2010

sho is bound by law to register the case after enquiry,  if any person told him about any offence he may write in roagnamcha and after enquiry will register the case.

Anmol Sharma (advocate)     21 July 2010

rupesh ji, my quesion was different.. whether SHO will wait for confirmation of the FIR or will he start investigation on spot with registeration of FIR...

 

please share a thought..

RUPESH SHRIVASTAVA (Chief 09827932335)     21 July 2010

SHO will start the investigation without FIR

Anmol Sharma (advocate)     22 July 2010

then who will sign the Fir register as complainant is on spot...

RUPESH SHRIVASTAVA (Chief 09827932335)     22 July 2010

sho himself sign, on the basis of information given by any body or informer.

Anmol Sharma (advocate)     22 July 2010

but sho is also on spot

RUPESH SHRIVASTAVA (Chief 09827932335)     22 July 2010

then head constable of the police station mention in rojnamcha sanha. as per ionformation of sho


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