Application to Police
Om Prakash Dhusia
(Querist) 31 December 2010
This query is : Resolved
Sir,when an application is submitted to police and the police register it under:
1)Crime No.-Nil
2)IPC section.-Missing person's information.
3)No witness/witnesses.
4)No apprehension.
would it be considered as FIR u/s 154 CrPC?Though as per H'ble SC guidelines/judgment,the FIR should not be a Mahabharat.However the application was submiited 13 Hours after the adult was asked to accompany by some known people on payment of money and the adult did not come back.
SANJAY GUPTA
(Expert) 31 December 2010
no it should not be considered as F.I.R without F.I.R no. and sections mentioned in the formal F.I.R. they must have recored it as missing general diary.
Ajay Bansal
(Expert) 01 January 2011
It is not treated as F.I.R.
s.subramanian
(Expert) 01 January 2011
There cannot be an FIR without Crime Number. If the police do so,then it is a farce and they are deceiving. Better appraoch the High court u/s 482 for direction to police to regiwter proper FIR and proceed further.
B K Raghavendra Rao
(Expert) 01 January 2011
It is a case of missing persons. Not an offence against any individual. Hence, only an application can be made and the police would make efforts to trace the person. But, it is not a crime and hence no FIR would be prepared.
Om Prakash Dhusia
(Querist) 04 January 2011
Dear Sirs:It was alleged that the husband(Shibu) of complainant(Pratibha) did not return home after being led away on false pretext of repaying money which was owed by the victim's mother(Mamta)to the accused but having smelled nothing foul, police asked to give this in writing and police registered it as"Information of missing person"on 12-08-1999 after 13 hours of victim's departure.But on 16-08-1999 police recorded the statement of complainant and the victim's mother at their house and on the basis of their statement u/s 161 CrPC, converted that information to the offence u/s 364 IPC.The duo ladies did not produce any proof of loan, but only on thier oral statement did that conversion.Were police action as such was as per law?Should'nt police ask the accused about the veracity of such incident?
