FIR Vs Summons
Guest
(Querist) 16 December 2010
This query is : Resolved
Is a summons issued by a first class magistrate under IPC is equivalent to an FIR lodged by police and has same consequencies against a govt. employee?
Arvind Singh Chauhan
(Expert) 16 December 2010
Both are the different matter.
As far as question of govt official arise. If the offence committed is in his official capacity. Both police requires sanction from govt under Sec 197 Cr.P.C.. before filing charge sheet and complainant before filing a complainant also requires sanction. Otherwise court can't take cognizance of the offence and can't issue summon.
But if the offence committed is beyond the official capacity, no sanction is required, police complainant and court can take step without any sanction under Sec 197 Cr.P.c.
Guest
(Querist) 16 December 2010
the question remains, whether FIR and Summons under IPC are equivalent ?
Advocate. Arunagiri
(Expert) 16 December 2010
Who is the complainant? Private complaint or Police case.
Parveen Kr. Aggarwal
(Expert) 16 December 2010
A court can take cogniance either upon police report (in case of FIR) or upon a complaint filed before it. In case of complaint, the court after satisfying itself that a prima facie case for summoning is made out from the evidence adduced by the complainant, orders for summoning of the accused whereas in case of FIR the accused is produced before the court by the police. The procedure in both the cases is different and cannot be equated.
The summons issued by court cannot be said to be equivalent to an FIR.
Guest
(Querist) 16 December 2010
the complaint was made before police first, then before magistrate as a private complaint alongwith application under 156(3).
SAANJAAY GUPTAA
(Expert) 16 December 2010
Sorry Pooja, i am confused with your questions, ask straight one question once to get your answer quick and logical. Now if the govt. employee received the summons it means that a private complaint case has been instituted against such person. F.I.R has not been lodge and petition under section 156(3)was not allowed by the learned court.
s.subramanian
(Expert) 16 December 2010
When the court takes cognisance of the commission of the offence only on the basis of the oral and documentary evidence on record available before it,summons are issued. It is more than an fir. In case of Fir,the police has to further investigate on the basis of the fir and then file charge sheet after which alone the court can take cognisance.
