Tehrir or Application-Instead of FIR at PS in U.P.
Om Prakash Dhusia
(Querist) 15 December 2010
This query is : Resolved
I am bit confused.
There is general rule of law, that whenever a crime is committed any Indian Citizen can approach the police to lodge the complaint and if the complaint is of criminal in nature it is considered cognigable and police is required to register it u/s of IPC by quoting Crime No. and time/date etc.But normally police doesn't do that and victims are turned away by the police.
On the other hand if victim/complainant is not in the mood to get away then usually in U.P.police ask them to submit an application of the incident and that is termed as TEHRIR.No receipt is given and the victim/complainant remains at the mercy of police.
This is total voilation of Ho'ble Supreme Court directives.
Now the question is if such TEHRIR is registered with no crime no and IPC but later-on,after a few days it turned out to be that some offence was committed and police convert that TEHRIR into an FIR and accordingly Crime.No.nature of crime, date.time etc is recorded.Now the questions are:
1) Would the date of FIR would be the date of that TEHRIR or the date when that TEHRIR was converted into FIR?
2)If that TEHRIR was registered as Nil crime No. with no section of any IPC but with information of Missing of an adult male and some name of the persons with whom he was last seen,would it be considered as an COGNIZABLE or NON-COGNIZABLE INFORMATION?
3)And that TEHRIR did not contain, ingredients of any crime or apprehension or name of any witness etc, does it still be considered as FIR under some cognizable offence?
1)I mean does this TEHRIR considered to be the proper method of reporting any crime?
2)Is it sanctioned by the law by State or Central legislation?
3)Is it a legal mechanism authorised by the Constitution of India?
4)If after conversion some offence found to be committed, then this conversion needs sanction of the court or only consent of the police?
Any answers please.
