Investigation by police

Guest (Querist) 06 November 2011 This query is : Resolved
Can police record statements of spot witnesses regarding an information of cognizable offence and take signatures of the witnesses, without lodging FIR or registering the case?

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Arvind Singh Chauhan (Expert) 06 November 2011
I think no. Investigation must start after lodging of FIR.

Rajeev Kumar (Expert) 06 November 2011
Yes the police can record the statement of cognizable offences on the information and also put the signature of the witnesses on spot but he must have to mention it in station diary and lodge the FIR thereafter he will conclude the investigation.

Guest (Querist) 06 November 2011
Rajeev ji, I appreciate your response but will it not violate provisions of sec. 162 CRPC to put sign. of witnesses on their statements?

adv. rajeev ( rajoo ) (Expert) 06 November 2011
without lodging FIR statement of wittnesses cannot be taken. Taking of wittnesses will be taken at the time of investigation and after completion of this procedure chargesheet will be filed.

Kiran Kumar (Expert) 06 November 2011
registration of FIR is initial step of investigation...after making an immediate inquiry into the matter, if the cognizable offence is made out the police is supposed to register FIR immediately prior to proceeding for investigation...thus no statements can be recorded of any witness prior to registration of FIR.

Guest (Querist) 06 November 2011
THANKS TO KIRAN JI AND ADV. RAJOO JI AND ALL OTHER MEMBERS FOR CLARIFYING THE FACT.

Shonee Kapoor (Expert) 07 November 2011
The police officer can mark the presence of the witness on spot for later taking their statement as witnesses after registration of FIR.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Querist) 07 November 2011
WHERE I.O. CAN MARK THE PRESENCE OF WITNESSES BEFORE FIR,MR. KAPOOR ?

IS THERE A DIARY OR ATTENDANCE REGISTER FOR SAME EXCEPT CASE DIARY ?