Is fir mandatory?
v sai vamsi vardhan
(Querist) 09 March 2012
This query is : Resolved
Dear Sirs,
Please let me know if it is mandatory to the police to file the complaint and FIR on receiving the oomplaint from the complainant..
Is it their wish to investigate into the case first and come to a conclusion and then later on file FIR.?
Is it not that the Police must and should file an FIR on receiving the complaint and hand over a copy of FIR to the complainant and then start investigating into the case?
Please let me know the details of filing an FIR by the police..
Thanks in advance,
vamsi
M.Sheik Mohammed Ali
(Expert) 09 March 2012
as per Cr.P.C. and PSO Police Standing Order rules, any complaint get any police officer, he must file FIR, that means First Information Report, but now a days fake of problems and miffed complaint, so police are get complaint and give for CSR cop, after verification than only filed FIR. this is now a trend.
SAINATH DEVALLA
(Expert) 09 March 2012
Dear Mr.Vardhan,
There are two stages.(a) complaint received and (b) complaint registered.Every one feels that once the complaint is given it is registered.It is not so.Once the complaint is received,you will be given a complaint number.If it is a criminal complaint, immediately it should be registered(otherwise known as FIR) and an FIR number will be given.As per the latest ruling,the police should not involve themselves with civil matters.
Nadeem Qureshi
(Expert) 09 March 2012
Dear Querist First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a telephonic message can be treated as an FIR A n FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police takes up investigation of the case
Nadeem Qureshi
(Expert) 09 March 2012
The procedure of filing an FIR is
prescribed in Section 154 of the
Criminal Procedure Code, 1973.
When information about the
commission of a cognizable
offence is given orally, the police
must write it down.
It is your right as a person giving
i n fo r m a t i o n o r m a k i n g a
complaint to demand that the
information recorded by the
police is read over to you.
Once the information has been
recorded by the police, it must
be signed by the person giving
the information You should sign the report only
a f t e r v e r i f y i n g t h a t t h e
information recorded by the
police is as per the details given
by you.
People who cannot read or write
m u s t p u t t h e i r l e f t t h u m b
impression on the document
after being satisfied that it is a
correct record.
Always ask for a copy of the FIR,
if the police do not give it to you.
It is your right to get it free of
cost.
Nadeem Qureshi
(Expert) 09 March 2012
The police may not investigate a
complaint even if you file a FIR,
when:
(i) The case is not serious in
nature;
(ii) The police feel that there is
n o t e n o u g h g r o u n d t o
investigate.
However, the police must record
the reasons for not conducting an
invest igat ion and in the lat ter
case must also inform you.
—[Section 157, Criminal Procedure
Code, 1973]
Arvind Singh Chauhan
(Expert) 09 March 2012
Legally police is bound to register the FIR. But investigation depends as described by Nadeem Sir.
Sarvesh Kumar Sharma Advocate
(Expert) 09 March 2012
in the sec.154 of cr.p.c. it is mandatory to file FIR before the investigation of a criminal case.
Shonee Kapoor
(Expert) 09 March 2012
Rightly explained by Nadeem, some preliminary enquiry is considered prudent.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 09 March 2012
I do endorse the advice submitted in the name of nadeem.
AMAR RANU
(Expert) 10 March 2012
Almost all 21 High Courts of the country and even several division Benches of the Apex Court have caused a massive confusion on this issue of FIR by their divergent interpretations of the aforesaid section 154 of Crpc
Being fed up of the aforesaid massive prevailing confusion,a full bench of the Supreme Court has referred this issue last week to the Chief Justice of India with a request to constitute a CONSTITUTION BENCH to finally settle law on this issue.
So now you have to wait for final say of the aforesaid larger bench on this issue.
It is very surprising that no learned member of this Forum is aware of this development.
dev kapoor
(Expert) 10 March 2012
If any information made orally or in writing to in-charge of a police station discloses the commission of cognizable offence.he is bound to register FIR.However in some case they record only a report called 'occurrence report' where there is some substance making a case between ' a cognizable and non-cognizable offence' and after some preliminary inquiry register FIR.But they must.Aggrieved can approach the Magistrate who may order the police agency to register FIR and investigate the case.I believe there is NO CONFUSION on this issue & no CLEAVAGE among court on this issue.May I request Mr. to cite two conflicting judgments on the issue for us to understand where those courts are faulting or where we have failed to understand this law.The law is unambiguous unless we make it so by human processes.
