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Vikas Yadav   15 March 2021

fir against Akhilesh Yadav

FIR against former UP CM Akhilesh Yadav, 20 Samajwadi Party workers for allegedly assaulting journalists in Moradabad: Police

Can an FIR be lodged directly against a big leader who has also been the former Chief Minister of Uttar Pradesh.??
Meaning under which process they can be processed


Learning

 2 Replies

sneha jaiswal   15 March 2021

Yes, FIR can be lodged against any person as all are equal in the eyes of law, and CM is no exception to it but only President of India gets the relief in his term of office.

First Information Report is a written document prepared by the Police when they get information regarding the commission of a cognizable offence. And, the procedure for filling FIR under Section 154 of CrPc is-
Anyone who knows about the commission of crime can file FIR. It is not necessary that only victim of the crime can lodge. FIR must be in writing, duly signed by the police officer who is lodging FIR and a copy of FIR is provided free of cost to the informant and also informant need to authorize the complaint. FIR can be filed at any place; it is not necessary to lodge complaint where crime has committed. FIR must contain the place, date and time of the incident and an elaborate descripttion of the incident.


Here, Case can be filed under Section 147 (Punishment for rioting), Section 323 (Punishment for voluntarily causing hurt), Section 342 (Punishment for wrongful confinement), Section 353 (Assault or use of criminal force otherwise than on grave provocation) of the IPC. 

 

Hope It helps


Regards,
Sneha Jaiswal

Vikas Yadav   15 March 2021

But the FIR could not be written on Mr. Subrat Pathak, MP from Kannauj as the police officials said that since the Honorable Member of Parliament is a member of the Lok Sabha, an FIR cannot be filed without the permission of the Speaker of the Lok Sabha.

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