(Querist) 07 November 2017
This query is : Resolved
When a complaint is given in a police station and police does FIR for that complaint, why does the police take the signature on the FIR from the complainant ? and police also writes the summary of the complaint written by the complainant on the FIR does this should be exactly as written in the complaint, i heard somewhere that complainant should sign on the FIR only if FIR is right, how does the common man know weather FIR is right or wrong.
(Expert) 08 November 2017
You can write your own FIR or the SI can write FIR and take your signature on theFIR and if you don't know English he will translate the FIR in your mother Tongue and read it over in vernacular language and explain to you and then you can sign and then FIR will be Registered.If the Station house Officer doesn't do all this procedure you can apptroach Dy.Commissioner of police andget your FIR be written by him and they would issue a copy of FIR to you.
(Querist) 08 November 2017
MY PROBLEM IS : a false case has been lodged on me, in the FIR of the complaint given against me the police has written an extra sentence in complaint summary section of FIR which is not written by the complainant in the complaint written by him so when we compare both complaint written by complainant and the complaint summary section of FIR any one can easily tell that - the complaint written by complainant is not his personal statement, police has advised or helped him to write the false complaint, The complainant has forgot to write a very important sentence in the complaint given but that particular sentence has been written in complaint summary section of FIR, other than that sentence all other words are exactly same as written by complainant.
So what i want to know from you people is weather court accepts our argument that the complaint is a false one which is advised to complainant by police.
Vijay Raj Mahajan
(Expert) 08 November 2017
FIR: First Information Report, this is registered by the Police on any complaint or information made by any person about happening of any cognisable offence. The information or complaint need not be made in written form, it can be verbal, made in person or through any device of communication like telephone or email or whatsapp or sms as the case may be. What is told to the police is information or complaint, that may not be exactly what really happened or occurred in presence of the informer but it may be somewhat near to the real happening or occurrence that the informer saw or noticed which he/she informed the police. In many cases the informer gives a written complaint to the police about the crime that he/she may sign at the end or not, no set rule for this under the Criminal Procedure Code. However when a written complaint is taken by the Police in the Police station, the informer or complainant is asked to sign the same with time and date to be mentioned in the end. This complaint is than verbatim noted by the Police officer and registered as FIR with complete details of the informer/complainant, the offenders persons involved in the crime, the place of the crime, time and time of occurrence of the crime and the registration number which is referred as FIR No. in the police report or the charge-sheet to be presented to the court for prosecution of the offenders. The FIR about which you refer is based on the written complaint that the informer/complainant gave to the police and while registering the FIR the exact contents of the complaint were not noted but extra information was added or amended in the FIR that was missing in the written information or complaint that was given by the informer/complainant. In such case you can always point out this fault to the magistrate at the time of charge, where the actual written complaint of the informer/complainant will be in the record of the court case file lying before the magistrate, this additional information mentioned by the IO of the Police can bring doubt in the mind of the presiding officer/magistrate about falsehood of FIR against you. However how much the corrected or amended information in the FIR will effect the actual criminal complaint that the presiding officer/magistrate to decide.
(Querist) 07 December 2017
during investigation period can a complainant change a particular sentence which is written in complaint summary section of FIR by giving further or additional statement with a different meaning which has a complete opposite meaning to the statement written in FIR.
as i have mentioned above in FIR against me: the statement which has been written additionally in FIR which is not written in complaint has a very important value to the overall complaint, without which complaint will be meaningless. and now somehow i came to know that the complainant has given additional statement to fill the gap of missing sentence in written complaint which has a complete opposite meaning to the statement written in FIR.