FIR Permission.
Querist :
Anonymous
(Querist) 04 May 2011
This query is : Resolved
1) A Police Station I/C or SHO is bound to register a FIR on report of a cognizable offence under his Jurisdiction. So what about non - cognizable offence who is bound to register that offence.It has been said that NC means Non-cognizable complaint but the crpc has not define nor bombay police act, 1958 has defined what do u mean by NC.As Bombay Police say that Non-conginzable offence are not registered as a FIR but it is registered as a NC. Clarify it with the case law if possible.
2) What do u mean by IC, SHO& SHC under the criminal law? Because Crpc has not defined it? If they refused to register an FIR than they are liable for prosecution under section 217 of the IPC, 1860. Also do permission is required for the higher authority to file a FIR against the IC, SHC, SHO Or any any police officer or any constables.
3) Any police constable or any police officers of any rank are government servant or public servant as far as IPC section 21.
Thanks.
Guest
(Expert) 04 May 2011
a case is registered with the simple application or the statement in before the officer and the police officer is bound to lodge FIR. if refuses than you can claim to senior officer of police and if not filed than you can file a complaint case with an application u/s 156(3) Cr.p.c.
2 SHO is the station house officer
all are public officers.
Querist :
Anonymous
(Querist) 05 May 2011
Thanks Sir
Sir but the where public officer comes under section 21 of the IPC or they are goverment servant because public officer are not defined. also if they don't come under section 21 then can we book them under PC Act (prevention of corruption act) . Support the answer with the case law if any.
Also sir what does SHC means SHO & SHC are both the same .
Thanks
