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Delayed FIR?

(Querist) 28 July 2011 This query is : Resolved 
Dear Members,

A cheating case u/s.406 & 420 of the IPC was filed by the Inspector Of Police,Economic Offences Wing and in the FIR reveals Occurence of Offence day before the year 2003 and the Inspector, now registered the FIR on 12/7/2011.Section 5 of TNPID not included in this case.
The Complaint was forwarded by the Learned Judicial Magistrate u/s 156(3) on 28/7/2010 but after lapse of 1 year the Police registered the FIR .The allegations in the FIR is that the Accused were husband and Wife runned a unregistered Chit Fund Business prior to the year 2003 and cheated to the tune of Rs.40,00,000 from the Defacto Complaianant (from one person alone).Further no compliants were made by any other persons.The defacto complaint had obtained Rs.10,00,000 from the Accused by executing a valid pronotes.Inorder to escape from repayment of the Promissory Note Debt had cunningly filed the complaint before the Magistrate u/s 156(3).

Now Please Clarify When the Offence u/s 420 and 406 IPC , Further Crpc u/s , 468. Bar to taking cognizance after lapse of the period of limitation.

Wheather Quashing of FIR possible before the High Court?

Any citations regarding the delay of FIR in favour of the Accused after the period of limitation?

and also CLEAR ME regarding can a Inspector of Police registering a FIR after 1 year u/s 156(3) is correct?

Thanking You in Advance.

Rgds,
Adv,Shree
Raj Kumar Makkad (Expert) 28 July 2011
There is no perfect period for lodging FIR, however, unexplained delay in lodging FIR always goes in favour of accused as held in various citations like 1994 (1) ALT Cri 278, 1993 CriLJ 1259.

Inspector of Police has to follow the direction of Court which sent orders to lodge FIR may it be after 1 year of incident.
Ajay Bansal (Expert) 29 July 2011
sEE a.i.r. mANUALS.


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