Missing report can be fir or not
vikas
(Querist) 27 August 2014
This query is : Resolved
dear sir
soory for grammer. i have one query that is "if someone give the information to police station for missing child. police recorded it in g.d. but not lodge FIR. and after two days that person find dead body of missing child then he lodge an FIR with accused name in same police station.
now i have two question
1. police will lodge FIR on the basis of missing report. or missing report can be converted in to FIR. and second information will be the part of investigation.
2. or police will lodge FIR on the basis of second information which they got after 2 days
thanks
malipeddi jaggarao
(Expert) 28 August 2014
In which way you are connected with the query? Seems to be purely academic query.
vikas
(Querist) 28 August 2014
thanks sir for reply but this is not a academic query . this is real story. my relative is fighting with this case he was falsly implicated in that case. police registered missing case on GD at 23 sep 08 but after 2 days child father find the dead body of missing child at 25 sep 08. he lodge FIR on 25 sep with accuesd named and he prepare his 3 close frnds for eyewitness of abducting child . then police registered FIR on the basis of 25 sep.
on the other hand police should converted missing report in to FIR and the information of 25 sep should be the part of investigation.
case is still in trial court.
i want to know what can be legal process and any SC/high court ruling for supporting this.
malipeddi jaggarao
(Expert) 28 August 2014
As per procedure You are right. You can represent this in trial court. Your friend has given information about missing child and after two days the child's father gave complaint naming your friend as accused and the same has been recorded as FIR ignoring the first letter of your friend. That means your friend wants to take the shelter that he is innocent and concerned about missing child. Why your friend gave complaint. Is he a relative of the child? In which way this will help him? It may prove against him. Instead of harping on this point, if your friend is innocent, he should gather sufficient information to prove the charge is wrong.
Rajendra K Goyal
(Expert) 28 August 2014
Reply of questions from expert need to be given first.
vikas
(Querist) 28 August 2014
dear sir my relative not gave any info about missing child. child father gave missing report on 23sep and on 25 sep child father gave complain the same has registered as FIR. my relative has not any relation with child so far. my relative is falsly implicated. but the frnds of child father are falsly eye witness they was created after recovring child dead body. body was recovered by his father.
dear sir i want two things
1. any SC/high court ruling for supporting.
2. police has right to lodge FIR on the basis of second info.
malipeddi jaggarao
(Expert) 29 August 2014
Dear Mr.Vikas.
I will answer your query No.2 first.
What is difference for you or for your friend if the FIR is registered on the basis of first complaint or the second as the complainant is one and the same and there will not be any effect on the investigation. You are harping on a wrong point
Second one, what SC ruling you want - on registering the FIR? In what way it will help your friend?
The matter is of serious nature and you are advised to find out a good criminal lawyer to defend his case. This portal can not spoon feed you on this type of serious matters.
Biswanath Roy
(Expert) 30 August 2014
G.D. entry of an incident is meant for recording the incident non-cognizable in nature which can be made for missing person or property. Whereas,Police authorities record an incident in their diary as F.I.R. when the incident bears an offence cognizable in nature and legally liable to arrest the offender as accused.
Whether the F.I.R. was ante-timed or ante-dated has to be decided on the basis of the external checks. When the site map of the incident prepared by the I.O. at the spot in presence of the informant giving crime number and G.D. entry maintained by the Police Station gave all relevant contents of the F.I.R. are sufficient checks to indicate that the FIR was neither ante- timed nor ante-dated. Non mention of the name of the accused who murdered the deceased after the first informant left for the Police Station to lodge an FIR clearly supports the view that the FIR was neither ante-timed nor ante-dated.
vikas
(Querist) 30 August 2014
dear Biswanath Roy sir,
u gave me good ans for this thanks a lot. FIR was anti timed but no cognizable & non-cognizable crime was registered before and after so police can easily show anti time.
but the as i said my relative was falsly implicated in that case. I.O. prepared only one sitemap where dead body was found but I.O. not prepared or submitting any map for abducting place in court. and police not take any thumb impression at bottom of FIR. and FIR was registered on 25 sep police send S.R. on 26 sep to SP.
my advocated says that S.R. copy goes to only S.P. & D.M. not goes to any judicial court. but i read in crpc 157 it goes to court also.
Biswanath Roy
(Expert) 31 August 2014
You are right , SR copy can go to court also.
Defense for your relative needs knowledge about the entirety of the material facts on record.
T. Kalaiselvan, Advocate
(Expert) 31 August 2014
Consult your lawyer on further queries on the subject because he is handling the case in person, he will be having a better idea to defend the case.
V R SHROFF
(Expert) 05 September 2014
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