Documents under sec.91 crpc

Hi

First of all, it would be really appreciated if you can share as to what particular offence the complaint was based on because depending on the category of the offence, the obligation of the Police to file an FIR shall be decided.

S. 91, in essence, enables a police officer in charge of a police station, to order for production of documents the officer considers necessary for the purpose of investigation. However, whether to conduct investigation is within the authority of the Police or not, again, depends upon the nature of the offence as only in cognizable cases, Police have the power to investigate on their own but in non-cognizable cases, Police can't initiate investigation without the permission of the Court. Therefore, please intimate to us what the offence is so that particulars can be conveyed to you.

Thank you for your kind response.

The complaint was about some people forcibly entering the house premises to make encroachment which was resisted by owner but when encroacher tried to enter forcibly, owner called the police and filed a complaint application. FIR is not yet registered/copy not given.

Investigating officer has recorded statement of complainant and now given notice u/s 91 to produce documents in support of ownership of his house premises!

I can infer from your descripttion that the case might fall under Criminal Trespass u/s 441, House Trespass u/s 442, House Breaking u/s 446, Criminal Intimidation u/s 506.

In combination, this a cognizable case and ideally police is bound to file an FIR u/s 154, however, as per the orders of the Supreme Court, it is also the in-built duty of Police to verify the requisite details to ensure that only genuine cases are taken cognizance of and only genuine FIRs are filed. Therefore, the Police, in my opinion, can justify the notice mentioned under the tab of Preliminary Inquiry, however, the same could have been verified at the time of taking the complainant's statement. Anyhow, they have a deadline of 15 days to conclude their preliminary inquiries and to file an FIR in criminal cases, as laid down by the Supreme Court in one of their recent order, which can be found at https://www.lawyersclubindia.com/judiciary/SC-Time-limit-for-police-to-register-FIRs-extended--3973.asp

Dear Sir, Greatly appreciate your accurate understanding.

Since it is property acquired by succession, there was no readily available deed, etc. to establish ownership at the time of recording statement. Complainant has submitted on record a detailed reply with supporting documents. Hope it proceeds in a fair manner.

Thank you very much for sharing the essential details every citizen must know!