Registered fir
PRIYANKA KATARIA
(Querist) 09 June 2015
This query is : Resolved
I have relative who has filed a case for recovery of amount to defendant since 2013 but on Friday defendant file complaint on my relative that he has stolen money and gold from them and police got registered the compliant in favor of them.
Can a police arrest him for that case or any relief for that case.
Now what is the consequences for that case.
Please advice as earliest
N.K.Assumi
(Expert) 09 June 2015
It appears that the defendant is trying to counterblast the Civil suit against him by filling FIR against your relative, and next time he may file FIR again for cheating and forgery etc.In such a case Police is required to conduct preliminary inquiry before arresting any accused that are figured in the FIR. Recent Orders of the Apex Court in this connections are as follows:-
(i) Registration of FIR is mandatory under Section 154
of the Code, if the information discloses commission
of a cognizable offence and no preliminary inquiry is
permissible in such a situation.
(ii) If the information received does not disclose a
cognizable offence but indicates the necessity for an
inquiry, a preliminary inquiry may be conducted
only to ascertain whether cognizable offence is
disclosed or not.
(iii) If the inquiry discloses the commission of a
cognizable offence, the FIR must be registered. In
cases where preliminary inquiry ends in closing the
complaint, a copy of the entry of such closure must
be supplied to the first informant forthwith and not
later than one week. It must disclose reasons in
brief for closing the complaint and not proceeding
further.
(iv) The police officer cannot avoid his duty of
registering offence if cognizable offence is disclosed.
Action must be taken against erring officers who do
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not register the FIR if information received by him
discloses a cognizable offence.
(v) The scope of preliminary inquiry is not to verify the
veracity or otherwise of the information received but
only to ascertain whether the information reveals
any cognizable offence.
(vi) As to what type and in which cases preliminary
inquiry is to be conducted will depend on the facts
and circumstances of each case. The category of
cases in which preliminary inquiry may be made are
as under:
(a)Matrimonial disputes/ family disputes
(b)Commercial offences
(c) Medical negligence cases
(d)Corruption cases
(e) Cases where there is abnormal delay/laches in
initiating criminal prosecution, for example, over
3 months delay in reporting the matter without
satisfactorily explaining the reasons for delay.
The aforesaid are only illustrations and not
exhaustive of all conditions which may warrant
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preliminary inquiry.
(vii) While ensuring and protecting the rights of the
accused and the complainant, a preliminary inquiry
should be made time bound and in any case it
should not exceed 7 days. The fact of such delay
and the causes of it must be reflected in the General
Diary entry.
(viii) Since the General Diary/Station Diary/Daily Diary
is the record of all information received in a police
station, we direct that all information relating to
cognizable offences, whether resulting in
registration of FIR or leading to an inquiry, must be
mandatorily and meticulously reflected in the said
Diary and the decision to conduct a preliminary
inquiry must also be reflected, as mentioned above.
PRIYANKA KATARIA
(Querist) 09 June 2015
Thanks for providing me the information in brief, he has also filed a complaint through advocate who has charged Rs 20000/- for that but there is no fruitful result arose.
What is the general proceeding for that situation .
