Judgment on fir

Vishal jain (Querist) 28 February 2020 This query is : Resolved
Hello..
What if police did not register FIR under proper section..?
Should I go for Protest petition…!!
Any judgment on this point that FIR must be registered under proper sections..

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Quick Summary

If the police haven't registered an FIR under the correct sections, you may have grounds to file a protest petition. While police have discretion in choosing IPC sections, complainants can challenge these choices. A protest petition allows you to argue for the inclusion of proper legal provisions, potentially leading to a re-investigation or amended charges by the trial court.

Raj Kumar Makkad (Expert) 28 February 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Court No. - 15 A.F.R. RESERVED

Case :- CRIMINAL APPEAL No. - 1647 of 2018

Appellant :- Seema Devi

Respondent :- State Of U.P. & 3 Others

Hemant Agarwal (Expert) 29 February 2020
1. Police is empowered to deliberate IPC sections, while registering or after registering FIR, which depends on their perceptions of the offences.

2. Complainant is always free to file "protest petition" against the above, which will be considered after due arguments /justifications, at the discretion of the Trial court, who would direct the Police to add /remove IPC sections.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C Vashista (Expert) 01 March 2020
Registration of FIR and filing "protest petition" are two different situations in a criminal complaint case as later is after investigation when police could not find any cognizable offence of FIR.
What is the actual question and your complaint / locus standi / concern?

Raj Kumar Makkad (Expert) 01 March 2020
If police despite of having the facts to implicate the accused under a particular section, do not impose such charge, the complainant has every right to argue on this point at the time of framing of the charge before the trial court.

T. Kalaiselvan, Advocate (Expert) 20 March 2020
I agree with the opinions of all the experts above.
The defacto complainant can file a protest petition protesting the improper action taken by police against his complaint and can seek for re-investigation under section 173(8) cr.p.c. and seek to include proper provisions of law for the reported crimes in the complaint.

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