investigation of a cognizable offence

Guest (Querist) 15 April 2011 This query is : Resolved
1. What is the exact procedure to be followed by police to investigate an information disclosing clearly a cognizable offence, as per Code ?

2. How is a report of police is submitted before a magistrate relating to a cognizable offence ?

3. Can police submit an investigation report to the magistrate relating to a cognizable offence without lodging an FIR ?

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Sarvesh Kumar Sharma Advocate (Expert) 15 April 2011
1. What is the exact procedure to be followed by police to investigate an information disclosing clearly a cognizable offence, as per Code ?

2. How is a report of police is submitted before a magistrate relating to a cognizable offence ?

ans-

file an application before concerning court for progress report of that case!

Sarvesh Kumar Sharma Advocate (Expert) 15 April 2011
3. Can police submit an investigation report to the magistrate relating to a cognizable offence without lodging an FIR ?

ans- yes offcourse if concernig court direct to do so!

Guest (Querist) 15 April 2011
Mr. Sarvesh, firstly, Kindly give a specific answer to 1st & 2nd point of the query as per law.Without that, no use of answer to 3rd point

Kindly also clarify the section of law/code which enables a magistrate to call upon a report of police relating to a clear cognizable offence, without lodging an FIR.

PARTHA P BORBORA (Expert) 15 April 2011
1. After receiving an information about the commission of a cog. offense police first investigate the case, visit the place of occurrence, record the statement of the witnesses and arrest the accused.

2. After completion of the investigation, police will submit a charge sheet, if sufficient incriminating material found against the accused persons or police may file a finale report if investigation reviles nothing against the accused.

3. No investigation can be started without an FIR. But police may file an FIR itself. if police filed the FIR and investigate the case then it may file a charge sheet or a finale report before the Court.

DEFENSE ADVOCATE.-firmaction@g (Expert) 16 April 2011
This person has complained elsewhere about the quality of advice.

Advocate. Arunagiri (Expert) 16 April 2011
1. Register the Case.

2. First the FIR copy will be sent to the Magistrate. On completion of the investigation, the final report will be filed or charge sheet will be filed.

3. The investigation starts with the the FIR, and ends with the charge sheet. So, the police can not send a report without registering the case, relating to a cognizable offense.