Ordinarily when a Crime takes Place, the complainant approaches a Police Station and files a FIR with as much information about the crime and the criminals as possible. However there are many instances where the complainant is having the information about the crime but not about the criminals. In such cases the Police investigates the crime and find out the criminals.

In many cases the Police refuses to take the complaint and the complainant tales recourse to courts under Section 190 of the CrPC

My question/Query is

1. Can the magistrate ask the complainant himself to furnish all the details about the Criminals like their age, Fathers Name, Permanent Address etc even where the complainant has given the account of the Crime but has pleaded ignorance to such details?

2. What is the remedy available to the complainant in case the Magistrate on an application under Section 190 refuses to proceed ahead unless the complainant supplies such information?

It is mandatory to give the details, otherwise how come the accused will be identified?

U mean to say in crimes where the name,identity,age, addresses of teh criminals are not kown they will not be investigated byy teh Police or courts?

Where the complainant is not aware about these details but still teh crime has happened and he reports teh crime what is teh Magistarte supposed to do?

Sit on teh file or instruct the Police to investigate and find out such details

Now let us say soem miscreants set fire to teh car of a person

The person finds his car burnt to ashes and goes to teh Police Station to register an FIR

The Police refuses to entertain and so he approaches teh Court

Can the court ask the complainant to coem with  the names of teh criminals, theiir ages, ther Father's Name, Their Address proof etc?Can teh complaiant really do so?

In another case a lady is overpowered by soem miscreants in a dark street and they cover her eyes, gag the mouth , tie her hands and legs and rape her

When she appraoches teh Court will teh court be in order in asking her to give teh details first which she is not aware or teh court will ask teh Police to investigate?

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. 

Thanks Sir 

For so crisply understanding teh issue and guiding me on this as against the "bald reply" of Mr Rajoo!

The cases and teh arguments suggested by you have been tendered in the court concerned but the Magistarte neither takes them on record nor does she passes a suitable order

What is the remedy?

Should I file a written application mentioning all these cases and facts in the same court and request the Magistarte to do the neddful failing which I move the District Judge

Or what else is the remedy?

The magistarte being adamnt to know all these details from me only!

1.      Know your facts but don't be your own doctor!

Remedy:
Hire a Crl. Law knowing Advocate to press for the same.